RESOLVING INTERSTATE WATER CONFLICTS IN THE EASTERN UNITED STATES: THE RE-EMERGENCE OF THE FEDERAL-INTERSTATE COMPACT1

ABSTRACT: As population growth occurs in regions of the eastern United States that do not have abundant water supplies, new transbasin diversions may be required. Such diversions are exceptionally politically divisive and are at the core of most of the interstate water conflicts that presently exist in the eastern states. This study examines alternative means by which these conflicts might be resolved. The strengths and weaknesses of these alternatives are examined. The study concludes that the federal-interstate compact should be the preferred alternative by which interstate water conflicts in the eastern United States are resolved.     

Institutions for Interstate Water Resources Management1

Abstract:  This paper evaluates alternative approaches to management of interstate water resources in the United States (U.S.), including interstate compacts, interstate associations, federal‐state partnerships, and federal‐interstate compacts. These governance structures provide alternatives to traditional federalism or U.S. Supreme Court litigation for addressing problems that transcend political boundaries and functional responsibilities. Interstate compacts can provide a forum for ongoing collaboration and are popular mechanisms for allocating water rights among the states. Federal‐interstate compacts, such as the Delaware River Basin Compact and federal‐state partnerships, such as the National Estuary Program, are also effective and complementary approaches to managing water resources. However, all of these approaches can only make modest improvements in managing water resources given the complicated and fragmented nature of our federalist system of government.     

INSTITUTIONAL OPTIONS FOR THE COLORADO RIVER1

ABSTRACT: In many interstate river basins, the institutional arrangements for the governance and management of the shared water resource are not adequately designed to effectively address the many political, legal, social, and economic issues that arise when the demands on the resource exceed the available supplies. Even under normal hydrologic conditions, this problem is frequently seen in the Colorado River Basin. During severe sustained drought, it is likely that the deficiencies of the existing arrangements would present a formidable barrier to an effective drought response, interfering with efforts to quickly and efficiently conserve and reallocate available supplies to support a variety of critical needs. In the United States, several types of regional arrangements are seen for the administration of interstate water resources. These arrangements include compact commissions, interstate councils, basin interagency committees, interagency-interstate commissions, federal-interstate compact commissions, federal regional agencies, and the single federal administrator. Of these options, the federal-interstate compact commission is the most appropriate arrangement for correcting the current deficiencies of the Colorado River institution, under all hydrologic conditions.     

Rethinking the management of transboundary freshwater resources: a critical examination of modern international law and practice

Available freshwater stocks are being depleted and impaired on a widespread basis, with acute shortages an increasingly frequent condition in arid climates. In transboundary basins, water scarcity and pollution compound interstate tension and contribute to human suffering and ecological damage. This article provides theoretical perspectives on shared freshwater disputes and on the evolution of the international law of shared water resources. It argues that the UN Convention on the Non-Navigational Uses of International Watercourses (ratified by some countries, but not yet in force) is inadequate as a framework convention in terms of providing general obligations on the future parties or an institutional framework for future action. The paper suggests that three critical concepts be considered in future management of shared water resources: (1) the unitary character of watersheds (where the absence of extra-basin diversions allows); (2) joint or "communitarian" watershed management; and (3) the relevance of international trade to alleviating regional food stress, resulting from local water scarcity. Finally, it proposes the establishment of an international advisory body on shared water disputes, modelled after the Intergovernmental Panel on Climate Change (IPCC), whose role is codified in the Kyoto Protocol to the United Nations Framework Convention on Climate Change.     

Pre‐Development Groundwater Conditions Surrounding Memphis,Tennessee: Controversy and Unexpected Outcomes

Reliance on groundwater resources by differing governing bodies can create transboundary disputes raising questions of ownership and apportionment as the resource becomes strained through overuse or threatened by contamination. Transboundary disputes exist at varying scales, from conflicts between countries to smaller disputes between intrastate jurisdictions. In 2005 within the United States, the State of Mississippi filed a lawsuit against its political neighbor and their utility, the City of Memphis and Memphis Light, Gas, and Water, for groundwater deemed owned by the State of Mississippi to be wrongfully diverted across the state line and into Tennessee by the defendants. The basis of the lawsuit was potentiometric maps of groundwater levels for the Memphis aquifer that showed under suggested pre‐development conditions no flow occurring across the Mississippi‐Tennessee state line, but subsequent historic potentiometric maps show a cone of depression under the City of Memphis with a clear northwesterly gradient from Mississippi into Tennessee. The suggested pre‐development conditions were derived from limited groundwater level observations between 41 and 74 years post‐development. A new pre‐development map is constructed using historic records that range 0‐17 years post‐development that shows the natural flow is northwesterly from Mississippi into Tennessee and transboundary groundwater quantities have actually decreased since pre‐development conditions.     

The Transboundary Nature of the Allende–Piedras Negras Aquifer Using a Numerical Model Approach

The Allende–Piedras Negras (APN) aquifer is located between the states of Texas (United States [U.S.]) and Coahuila (Mexico). The Rio Grande crosses the aquifer, acting as a natural and political divide between the countries. However, it remains unclear whether the APN aquifer can be considered a truly transboundary aquifer flow system, which would potentially require joint management by two different administrative jurisdictions. The main purpose of this study was to evaluate the transboundary nature of this aquifer. This was achieved by developing a detailed hydrogeological model to analyze the direction of volumetric fluxes within the APN aquifer using Visual MODFLOW. The model simulated a spatially averaged cumulative drawdown of 0.76 m for the entire aquifer over an 18‐year modeling period (2000–2017). The flow convergence zone, previously located below the Rio Grande, has shifted to the U.S. side in most locations, driven by higher pumping rates of the wells located near the river. This shift of the convergence zone from one country to the other means that groundwater recharge from one side flows underneath the river to the other side. This qualifies the APN aquifer as a “transboundary groundwater flow system.” The procedure followed in this study may be applied to other aquifers that straddle the U.S.–Mexico border and may motivate future modeling studies on other poorly studied transboundary aquifers around the world and thereby enable bi‐national aquifer management.     

Reasonable Use?: The Challenges of Transboundary Groundwater Regulation in the Eastern United States

Regulating groundwater in the Eastern United States (U.S.), particularly transboundary aquifers between states, is a challenge given the patchwork quilt of common law, statutory frameworks, and agency rules. Such regulation is made more challenging by the need for better quantification of pumping and use. These dynamics are exemplified through several case studies, including the first ever U.S. Supreme Court case related to groundwater withdrawals (set in the Eastern U.S.). As dynamics such as expanded irrigation, population increases, and ecological considerations influence groundwater use across the Eastern U.S., water use will continue to be an important driver for economic activity and interaction within and between states. To effectively regulate transboundary aquifers, governance solutions must incorporate current science into decision making and be implemented at local, state, regional, and federal scales.     

Forecasting the Probability of Future Groundwater Levels Declining Below Specified Low Thresholds in the Conterminous U.S.

We present a logistic regression approach for forecasting the probability of future groundwater levels declining or maintaining below specific groundwater‐level thresholds. We tested our approach on 102 groundwater wells in different climatic regions and aquifers of the United States that are part of the U.S. Geological Survey Groundwater Climate Response Network. We evaluated the importance of current groundwater levels, precipitation, streamflow, seasonal variability, Palmer Drought Severity Index, and atmosphere/ocean indices for developing the logistic regression equations. Several diagnostics of model fit were used to evaluate the regression equations, including testing of autocorrelation of residuals, goodness‐of‐fit metrics, and bootstrap validation testing. The probabilistic predictions were most successful at wells with high persistence (low month‐to‐month variability) in their groundwater records and at wells where the groundwater level remained below the defined low threshold for sustained periods (generally three months or longer). The model fit was weakest at wells with strong seasonal variability in levels and with shorter duration low‐threshold events. We identified challenges in deriving probabilistic‐forecasting models and possible approaches for addressing those challenges.     

Wind‐Powered Desalination: An Estimate of Saline Groundwater in the United States1

James Androwski, Abraham Springer, Thomas Acker, and Mark Manone, 2011. Wind‐Powered Desalination: An Estimate of Saline Groundwater in the United States. Journal of the American Water Resources Association (JAWRA) 47(1):93‐102. DOI: 10.1111/j.1752‐1688.2010.00493.x Abstract: Increasing scarcity of freshwater resources in many regions of the world is leading water resource managers to consider desalination as a potential alternative to traditional freshwater supplies. Desalination technologies are energy intensive and expensive to implement making desalination using renewable energy resources a potentially attractive option. Unfortunately, saline groundwater resources are not well characterized for many regions hindering consideration of such technologies. In this assessment, we estimate the saline groundwater resources of the principal aquifers of the United States using a geographic information system and correlate these resources to wind resources potentially sufficient to supply the energy demand of desalination equipment. We estimate that 3.1 × 10¹⁴ m³ saline groundwater, total volume, are contained in 28 of the country’s principal aquifers known to contain saline groundwater. Of this volume, 1.4 × 10¹⁴ m³ saline groundwater are co‐located with wind resources sufficient for electrical generation to desalinate groundwater.     

INTERNATIONAL MANAGEMENT OF THE RIO GRANDE BASIN THE UNITED STATES AND MEXICO1

ABSTRACT. Despite radical differences in water laws, water management agencies, approaches to water planning, and financial resources, Mexico and the United States forged a common program to manage water and related land on the Rio Grande. Actions of Rio Grande Commissions related to stream gaging, boundary definition, and multiple-purpose construction projects are among the more successful international water-management efforts in the world. Cost-sharing arrangements promoted rapid completing of international works. However, joint action accomplished only part of expectations. International developments were competitive rather than complementary until basin water appropriation was virtually complete. Moreover, Commissions were not empowered to consider long-range competitive water needs, or regional water requirements, throughout the basin. International groundwater use coordination does not exist. International structures produce less than anticipated benefits. Hydroelectric generators are financial liabilities, irrigated acreage exceeds dependable streamflow, and soil salinization is experienced. Unanticipated environmental changes occurred in every major program. The Rio Grande experience points to the need for society to specify goals to which the use of water should contribute and to specify priorities for water use among different sectors of river basins and various segments of society.     

Impacts of Urbanization and Intensification of Agriculture on Transboundary Aquifers: A Case Study

The objectives were to (1) delineate the complex set of rules governing the fate and transfer of water rights as agricultural land is urbanized in Texas and New Mexico in the United States and Chihuahua in Mexico and (2) estimate the change in water use as a result of such urbanization. Important additional determinants of water use in the region include intensification of agriculture and the hydroschizophrenic policy framework. We conducted interviews with key informants to identify the possible outcomes for changes in water rights as land is urbanized. We constructed decision trees for each of the three jurisdictions, Chihuahua, Texas, and New Mexico, that identified the possible outcomes from urbanization. For each of the possible outcomes in the decision tree, we estimated a range of potential water use outcomes and the most likely water use outcome on a per unit of land area basis. Results show that urbanization of agricultural land has almost no impact on the aggregate demand for or use of surface water. However, the impacts of urbanization on groundwater use vary considerably over the region from Texas to New Mexico to Chihuahua. In New Mexico and Chihuahua where groundwater rights can be leased or sold to other users, the likely impact is a net increase in groundwater use as land is urbanized, ranging from 0 to 3,000 m³/ha in New Mexico and averaging 3,000 m³/ha or more in Chihuahua. In Texas, there is a net benefit in groundwater savings, but those savings are subject to being offset by increased groundwater pumping to meet the needs of expanding pecan production. The net result is continued groundwater depletion, threatening the life of the transboundary aquifers, the Hueco Bolson and the Mesilla Bolson, in the Middle Rio Grande basin (defined as the part of the basin between Elephant Butte Reservoir in New Mexico to the confluence of the river with the Rio Conchos from Mexico).     

Estimating Water Budgets and Vertical Leakages for Karst Lakes in North‐Central Florida (United States) Via Hydrological Modeling1

Lin, Zhulu, 2011. Estimating Water Budgets and Vertical Leakages for Karst Lakes in North‐Central Florida (United States) Via Hydrological Modeling. Journal of the American Water Resources Association (JAWRA) 1‐16. DOI: 10.1111/j.1752‐1688.2010.00513.x Abstract: Newnans, Lochloosa, and Orange Lakes are closely hydrologically connected karst lakes located in north‐central Florida, United States. The complex karst hydrology in this region poses a great challenge to the hydrological modeling that is essential to the development of Total Maximum Daily Loads for these lakes. We used a Hydrological Simulation Program – Fortran model coupled with the parallel Parameter ESTimation model calibration and uncertainty analysis software to estimate effectively the hydrological interactions between the lakes and the underlying upper Floridan aquifer and the water budgets for these three lakes. The net results of the lake‐groundwater interactions in Newnans and Orange Lakes are that both lakes recharge the underlying upper Floridan aquifer, with the recharge rate of the latter one magnitude greater than that of the former. However, for Lochloosa Lake, the net lake‐groundwater interaction is that the lake gains water from groundwater in a significant amount, approximately 40% of its total terrestrial water input. The annual average vertical leakages estimated for Newnans, Lochloosa, and Orange Lakes are 6.0 × 10⁶, ?8.9 × 10⁶, and 44.4 × 10⁶ m³, respectively. The average vertical hydraulic conductance (K_v/b) of the units between a lake bottom and the underlying upper Floridan aquifer in this region are also estimated to be from 1.26 × 10^?4 to 1.01 × 10^?3 day^?1.     

INTERSTATE WATER ALLOCATION COMPACTS IN THE WESTERN UNITED STATES - SOME SUGGESTIONS1

ABSTRACT: Agreements between states, or compacts, provide a mechanism for resolving transboundary resource issues. The twenty-two compacts allocating the water of rivers among states in the western United States are examined to provide guidance for drafters of future compacts. The method of allocation selected for a compact reflects the state's allocation of the risk of dry years. Allocations based on models have been unsuccessful. Percentage allocations are good for fairly apportioning risk, but conflict with principles of prior appropriation. Guarantees of minimum flows should be used with great care, to avoid any state becoming a guarantor of natural phenomena over which it has no control. Disputes should be anticipated, and a dispute resolution mechanism agreed upon. Arbitration or litigation are likely to prove the most politically acceptable. Compacts should be comprehensive in scope, encompassing groundwater as well as surface use. Federal claims should also be addressed, and some form of protection from subsequent changes of federal policy should be incorporated in the agreement and its ratifying legislation.     

USE OF THE DELPHI METHOD IN RESOLVING COMPLEX WATER RESOURCES ISSUES1

ABSTRACT: The tri‐state river basins, shared by Georgia, Alabama, and Florida, are being modeled by the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers to help facilitate agreement in an acrimonious water dispute among these different state governments. Modeling of such basin reservoir operations requires parallel understanding of several river system components: hydropower production, flood control, municipal and industrial water use, navigation, and reservoir fisheries requirements. The Delphi method, using repetitive surveying of experts, was applied to determine fisheries' water and lake‐level requirements on 25 reservoirs in these interstate basins. The Delphi technique allowed the needs and requirements of fish populations to be brought into the modeling effort on equal footing with other water supply and demand components. When the subject matter is concisely defined and limited, this technique can rapidly assess expert opinion on any natural resource issue, and even move expert opinion toward greater agreement.     

Impacts of Variable Climate and Effluent Flows on the Transboundary Santa Cruz Aquifer

Assessing groundwater resources in the arid and semiarid borderlands of the United States and Mexico represents a challenge for land and water managers, particularly in the Transboundary Santa Cruz Aquifer (TSCA). Population growth, residential construction, and industrial activities have increased groundwater demand in the TSCA, in addition to wastewater treatment and sanitation demands. These activities, coupled with climate variability, influence the hydrology of the TSCA and emphasize the need for groundwater assessment tools for decision‐making purposes. This study assesses the impacts of changes in groundwater demand, effluent discharge, and climate uncertainties within the TSCA from downstream of the Nogales International Wastewater Treatment Plant to the northern boundary of the Santa Cruz Active Management Area. We use a conceptual water budget model to analyze the long‐term impact of the different components of potential recharge and water losses within the aquifer. Modeling results project a future that ranges from severe long‐term drying to positive wetting. This research improves the understanding of the impact of natural and anthropogenic variables on water sustainability, with an accessible methodology that can be globally applied.     

Streamflow Response to Climate as Influenced by Geology and Elevation1

Mayer, Timothy D. and Seth W. Naman, 2011. Streamflow Response to Climate as Influenced by Geology and Elevation. Journal of the American Water Resources Association (JAWRA) 47(4):724‐738. DOI: 10.1111/j.1752‐1688.2011.00537.x Abstract: This study examines the regional streamflow response in 25 predominately unregulated basins to warmer winter temperatures and snowpack reductions over the last half century in the Klamath Basin of California and Oregon. Geologic controls of streamflow in the region result in two general stream types: surface‐dominated and groundwater‐dominated basins. Surface‐dominated basins were further differentiated into rain basins and snowmelt basins on the basis of elevation and timing of winter runoff. Streamflow characteristics and response to climate vary with stream type, as discussed in the study. Warmer winter temperatures and snowpack reductions have caused significantly earlier runoff peaks in both snowmelt and groundwater basins in the region. In the groundwater basins, the streamflow response to changes in snowpack is smoothed and delayed and the effects are extended longer in the summer. Our results indicate that absolute decreases in July‐September base flows are significantly greater, by an order of magnitude, in groundwater basins compared to surface‐dominated basins. The declines are important because groundwater basins sustain Upper Klamath Lake inflows and mainstem river flows during the typically dry summers of the area. Upper Klamath Lake April‐September net inflows have decreased an estimated 16% or 84 thousand acre‐feet (103.6 Mm³) since 1961, with the summer months showing proportionately more decline. These changes will exacerbate water supply problems for agriculture and natural resources in the region.     

Transboundary River Floods and Institutional Capacity1

Abstract: While transboundary flood events have become more frequent on a global scale the past two decades, they appear to be overlooked in the international river basin (IRB) cooperation and management arena. The present study therefore combined geopolitical measures with biophysical and socioeconomic variables in an attempt to identify the IRBs with adequate institutional capacity for management of transboundary floods. It also classified basins that would possibly benefit from enlarging the institutional capacity related to transboundary floods. Of the 279 known IRBs, only 78 were represented by a transboundary rivers institution. A mere eight of the 153 identified institutions had transboundary flooding listed as an issue in their mandate. Overall, 43 basins, where transboundary floods were frequent during the period 1985‐2005, had no institutional capacity for IRBs. The average death and displacement tolls were found to be lower in the 37 basins with institutional capacity, even though these basins experienced twice as much transboundary floods with significant higher magnitudes than those in basins without institutional capacity. Overall, the results suggested that institutional capacity plays a role in the reduction of flood‐related casualties and affected individuals. River basins such as the Juba‐Shibeli, Han, Kura‐Araks, Ma, Maritsa, Po, Coco/Segovia, Grijalva, Artibonite, Changuinola, Coatan Achute, and Orinoco experienced more than one transboundary river flood, but have not yet set up any institutions for such events, or signed any appropriate treaties focused on floods. These basins were therefore recommended to consider focusing attention on this apparent lack of institutional capacity when it comes to managing transboundary flood events.     

Science and Decision Making: Water Management and Tree‐Ring Data in the Western United States1

Abstract: Growing populations, limited resources, and sustained drought are placing increased pressure on already over‐allocated water supplies in the western United States, prompting some water managers to seek out and utilize new forms of climate data in their planning efforts. One source of information that is now being considered by water resource management is extended hydrologic records from tree‐ring data. Scientists with the Western Water Assessment (WWA) have been providing reconstructions of streamflow (i.e., paleoclimate data) to water managers in Colorado and other western states (Arizona, New Mexico, and Wyoming), and presenting technical workshops explaining the applications of tree‐ring data for water management for the past eight years. Little is known, however, about what has resulted from these engagements between scientists and water managers. Using in‐depth interviews and a survey questionnaire, we attempt to address this lack of information by examining the outcomes of the interactions between WWA scientists and western water managers to better understand how paleoclimate data has been translated to water resource management. This assessment includes an analysis of what prompts water managers to seek out tree‐ring data, how paleoclimate data are utilized by water managers in both quantitative and qualitative ways, and how tree‐ring data are interpreted in the context of organization mandates and histories. We situate this study within a framework that examines the coproduction of science and policy, where scientists and resource managers collectively define and examine research and planning needs, the activities of which are embedded within wider social and political contexts. These findings have broader applications for understanding science‐policy interactions related to climate and climate change in resource management, and point to the potential benefits of reflexive interactions of scientists and decision makers.     

System Dynamics to Sustainable Water Resources Management in the Eastern Snake Plain Aquifer Under Water Supply Uncertainty1

Abstract: Water supply uncertainty continues to threaten the reliability of regional water resources in the western United States. Climate variability and water dispute potentials induce water managers to develop proactive adaptive management strategies to mitigate future hydroclimate impacts. The Eastern Snake Plain Aquifer in the state of Idaho is also facing these challenges in the sense that population growth and economic development strongly depend on reliable water resources from underground storage. Drought and subsequent water conflict often drive scientific research and political agendas because water resources availability and aquifer management for a sustainable rural economy are of great interest. In this study, a system dynamics approach is applied to address dynamically complex problems with management of the aquifer and associated surface‐water and groundwater interactions. Recharge and discharge dynamics within the aquifer system are coded in an environmental modeling framework to identify long‐term behavior of aquifer responses to uncertain future hydrological variability. The research shows that the system dynamics approach is a promising modeling tool to develop sustainable water resources planning and management in a collaborative decision‐making framework and also to provide useful insights and alternative opportunities for operational management, policy support, and participatory strategic planning to mitigate future hydroclimate impacts in human dimensions.     

“一带一路”倡议下跨境流域生态补偿——国际经验与中国对策

跨境流域生态补偿机制的构建,是实现"一带一路"倡议目标的重要基础,有助于化解资源冲突、协调区域发展、增进利益协同,进而增强政治互信,加快经济融合,提升文化包容,推进命运共同体构建。本文基于对西方国家跨境流域生态补偿研究与实践的梳理,总结归纳出西方跨境流域生态补偿中强调流域生态系统分析、注重不同付费原则相互配搭、重视双/多边协商、建立多层次综合管理体系等经验。在此基础上,针对现阶段中国跨境流域生态补偿所面临的挑战,提出加强跨境协商合作平台建设、重视对跨境流域生态系统研究以及构建多层次协同管理体系等应对措施。