DEVELOPMENT OF FEDERAL RESERVE RIGHTS1

ABSTRACT: The concept that has been termed “Indian Rights to Water” is one manifestation of the area of federal reserved rights that is a major concern of states in arid regions. The federal reserved rights are those that are reserved in fact or by implication in federal actions, acts, reservations, and treaties. Federal actions include such things as navigation improvement and flood control projects. The Federal Court System, since the Civil War has been promulgating, developing, and protecting federal reserved water rights. The development of those rights can be traced from early cases through the landmark cases such as U.S. v. Rio Grande and Irrigation Co. (1899); Winters v. U.S. (1908) with the origin of the Winters' Doctrine of Indian Rights; Federal Power Commission v. Oregon, commonly called the Pelton Dam Case (1955); Arizona v. California (1963); U.S. v. District Court for Eagle County (1971); to existing suits on surface water sources such as that on appeal in regard to reserved federal water rights on the Truckee River. It can be shown that the federal position has been consistent through all the years in that the federal rights have been protected, expanded, developed, and preserved in a more or less predictable manner.     

Feasibility and costs of phosphorus application limits on 39 U.S. swine operations

Concerns about manure P and water quality have prompted new regulations imposing P limits on land application of manure. Previous research established that P limits increase land needs for animal feeding operations. We evaluated the effect of N, annual P, and rotation P limits on the feasibility of manure management. A mechanistic model characterized manure management practices on 39 swine operations (20 unagitated lagoon and 19 slurry operations) in five states (Iowa, Missouri, North Carolina, Oklahoma, and Pennsylvania). Extensive information collected from each operation was used to determine effects of manure storage type, ownership structure, and application limits on attributes of manure management. Phosphorus limits had substantially greater effect on slurry operations, increasing land needs 250% (0.3 hectares per animal unit [AU]) and time for manure application 24% (2.5 min AU(-1)) for rotation P limits and 41% (4.4 min AU(-1)) for annual P limits. Annual P limits were infeasible for current land application equipment on two operations and had the greatest effect on time and costs because they required all but three slurry operations to reduce discharge rate. We recommend implementing rotation P limits (not to exceed crop N need) to minimize time effects, allow most farmers to use their current manure application methods, and allow manure to fulfill crop N and P needs in the year of application. Phosphorus limits increased potential manure value but would require slurry operations to recover at least 61% of manure value through manure sales. Phosphorus limits are likely to shape the U.S. swine industry through differential effects on the various sectors of the swine industry.     

A PRELIMINARY ANALYSIS OF ANIMAL MANURE DISTRIBUTION IN MICHIGAN FOR NUTRIENT UTILIZATION1

ABSTRACT: Proper management of animal manure is crucial to the viability of the U.S. animal industry and the quality of the environment. This paper analyzes the animal manure distribution in Michigan, identifies counties with high potential for land application of manure nutrients, and proposes a manure distribution prototype model for transporting surplus manure beyond individual farms for nutrient utilization. Tabulations of animal numbers by county and by 5-digit zip code are used to identify areas with greater potential for land application of manure nutrients. Distribution of the manure nutrients from surplus areas to the nutrient utilization areas is explored in a selected watershed by taking into account manure nutrient value, soil nutrient content, crop nutrient needs, topography and hydrography. The results indicate that by appropriate planning and collaboration transport of the excessive animal manure to suitable crop fields is an appealing alternative to utilize the manure nutrients while minimizing the adverse environmental impact. Further studies are needed to determine the necessary economic and institutional programs to implement the export of the manure at the regional level.     

WATER QUALITY CONCERNS AND REGULATORY CONTROLS FOR NONSTORM WATER DISCHARGES TO STORM DRAINS1

ABSTRACT: Nonstorm water discharges to municipal separate storm sewer systems (MS4s) are notable for spatial and temporal variability in volume, pollutant type, pollutant concentration, and activity of origin. The objective of this paper was to determine whether current technical knowledge and existing U.S. policy support an improved regulatory approach. The proposed policy would use type of discharge as a regulatory basis, merging the concepts of allowability of de minimis discharges and type-based statewide consistent rules. Specific research objectives were to comprehensively identify discharge types, characterize their prevalence in California, analyze relevant local and regional regulatory guidelines, and systematically evaluate opinions of experts about potential water quality impacts. Results demonstrate nonstorm water discharges were widespread in at least one sector, industrial facilities subject to a state permit; one discharge for every four facilities was reported in 1995, even though the permit explicitly prohibits such discharges. Clear consensus exists for minimal water quality concern for some discharge types when considering both municipal guidelines and experts’ opinions. In particular, condensate from a wide range of equipment and discharges from fire fighting equipment testing were found to be of low concern. Discharge types with consensus high concern were largely limited to discharges prohibited under other regulations, such as wastewater and hazardous waste management controls. Some discharge types where no consensus was identified, such as landscape irrigation, nevertheless generated concern for water quality impacts and appear to be relatively widespread. Available information supports technical feasibility of the proposed policy because at least some discharge types show strong consensus for de minimis impacts among regulatory guidelines and opinions of technical experts.     

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.     

An assessment of nitrogen-based manure application rates on 39 U.S. swine operations

Water quality concerns and revised regulations are changing how confined animal feeding operations manage manure. Devising acceptable and feasible changes in manure practices requires a full understanding of the forces shaping current manure management decisions. Previous theoretical models have shown that a wide range of factors influence the lowest cost solution for manure management. We used a mechanistic model to characterize the manure management practices on 39 swine operations (20 unagitated lagoon and 19 slurry operations) in five states (Iowa, Missouri, North Carolina, Oklahoma, and Pennsylvania). Information was collected from each operation about animal numbers, feed and water use, manure handling and storage characteristics, field locations, crop rotation, fertilizer need, and equipment inventory and usage. Collected data were used as input and to validate results from a mechanistic model that determined acres required for manure application, manure application rate, time required for manure application, value of manure, and costs of manure management. The 39 farms had a mean of 984 animal units (AU) per operation, 18.2 AU ha(-1) (7.4 AU acre(-1)), and manure application costs of dollar 10.49 AU(-1) yr(-1). Significant factors affecting manure management included operation size, manure handling system, state, and ownership structure. Larger operations had lower manure management costs (r2 = 0.32). Manure value potentially exceeded manure application costs on 58% of slurry and 15% of lagoon operations. But 38% of slurry operations needed to apply manure off the farm whereas all lagoon operations had sufficient land for N-based manure management. Manure management was a higher percentage of gross income on contract operations compared with independents (P < 0.01). This research emphasized the importance of site-specific factors affecting manure management decisions and the economics of U.S. swine operations.     

THE MILWAUKEE POLLUTION CASE - IMPLICATIONS FOR WATER RESOURCES PLANNING1

ABSTRACT: The Illinois v. Milwaukee Federal District Court decision is the most far reaching application yet of the federal common law of nuisance to interstate water pollution conflicts. Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state regulations. The improvements must be completed with or without federal aid. The case points out the apparent inability of the Clean Water Act, the most comprehensive federal legislation affecting the nation's water quality, to deal with certain interstate water quality conflicts. The Milwaukee decision could set a precedent for similar settlements elsewhere which may in turn affect the U.S. Environmental Protection Agency's water quality clean up program. A more integrated, ecosystem conscious approach to management of shared water resources (e.g., the Great Lakes) would help reduce the need for court decisions like Illinois v. Milwaukee.     

Governmental Oversight of Discharges from Concentrated Animal Feeding Operations

As point sources of pollution in the United States, concentrated animal feeding operations (CAFOs) are subject to the National Pollution Discharge Elimination System permitting system requirements. Changes to federal regulations in 2003 and a 2005 court decision have increased the governmental oversight of CAFOs. Manure application to fields from “large CAFOs” that results in unpermitted discharges can be regulated under the Clean Water Act. The U.S. Environmental Protection Agency’s interpretation of agricultural stormwater discharges was approved so that unpermitted discharges may arise if an owner or operator of a CAFO fails to apply manure correctly. Owners and operators do not, however, have a duty to secure governmental permits in the absence of a discharge. Turning to the federal provisions regarding nutrient management plans, a court found that they were deficient. Moreover, the federal government needs to reconsider requirements that would reduce pathogens from entering surface waters. Although these developments should assist in reducing the impairment of U.S. waters, concern still exists. Greater oversight of nutrient management plans and enhanced enforcement efforts offer opportunities to provide greater assurance that CAFO owners and operators will not allow a discharge of pollutants to enter surface waters.     

Long-Term Effects of Changing Land Use Practices on Surface Water Quality in a Coastal River and Lagoonal Estuary

The watershed of the Neuse River, a major tributary of the largest lagoonal estuary on the U.S. mainland, has sustained rapid growth of human and swine populations. This study integrated a decade of available land cover and water quality data to examine relationships between land use changes and surface water quality. Geographic Information Systems (GIS) analysis was used to characterize 26 subbasins throughout the watershed for changes in land use during 1992–2001, considering urban, agricultural (cropland, animal as pasture, and densities of confined animal feed operations [CAFOs]), forested, grassland, and wetland categories and numbers of wastewater treatment plants (WWTPs). GIS was also used together with longitudinal regression analysis to identify specific land use characteristics that influenced surface water quality. Total phosphorus concentrations were significantly higher during summer in subbasins with high densities of WWTPs and CAFOs. Nitrate was significantly higher during winter in subbasins with high numbers of WWTPs, and organic nitrogen was higher in subbasins with higher agricultural coverage, especially with high coverage of pastures fertilized with animal manure. Ammonium concentrations were elevated after high precipitation. Overall, wastewater discharges in the upper, increasingly urbanized Neuse basin and intensive swine agriculture in the lower basin have been the highest contributors of nitrogen and phosphorus to receiving surface waters. Although nonpoint sources have been emphasized in the eutrophication of rivers and estuaries such as the Neuse, point sources continue to be major nutrient contributors in watersheds sustaining increasing human population growth. The described correlation and regression analyses represent a rapid, reliable method to relate land use patterns to water quality, and they can be adapted to watersheds in any region.     

NUTRIENTS DISCHARGED TO THE MISSISSIPPI RIVER FROM EASTERN IOWA WATERSHEDS, 1996.19971

ABSTRACT: The introduction of nutrients from chemical fertilizer, animal manure, wastewater, and atmospheric deposition to the eastern Iowa environment creates a large potential for nutrient transport in watersheds. Agriculture constitutes 93 percent of all land use in eastern Iowa. As part of the U.S. Geological Survey National Water Quality Assessment Program, water samples were collected (typically monthly) from six small and six large watersheds in eastern Iowa between March 1996 and September 1997. A Geographic Information System (GIS) was used to determine land use and quantify inputs of nitrogen and phosphorus within the study area. Streamliow from the watersheds is to the Mississippi River. Chemical fertilizer and animal manure account for 92 percent of the estimated total nitrogen and 99.9 percent of the estimated total phosphorus input in the study area. Total nitrogen and total phosphorus loads for 1996 were estimated for nine of the 12 rivers and creeks using a minimum variance unbiased estimator model. A seasonal pattern of concentrations and loads was observed. The greatest concentrations and loads occur in the late spring to early summer in conjunction with row‐crop fertilizer applications and spring nmoff and again in the late fall to early winter as vegetation goes into dormancy and additional fertilizer is applied to row‐crop fields. The three largest rivers in eastern Iowa transported an estimated total of 79,000 metric tons of total nitrogen and 6,800 metric tons of total phosphorus to the Mississippi River in 1996. The estimated mass of total nitrogen and total phosphorus transported to the Mississippi River represents about 19 percent of all estimated nitrogen and 9 percent of all estimated phosphorus input to the study area.     

SPATIAL AND TEMPORAL ANALYSIS OF AGRICULTURAL WATER REQUIREMENTS IN THE GULF COAST OF THE UNITED STATES1

ABSTRACT: Competition for water resources is becoming an increasingly important issue in the southeastern U.S. The potential impacts of future precipitation and runoff estimated by a transient global climate model (HADCM2) on competing water resources in the Southeast has been conducted. Issues of agricultural management, irrigation water withdrawals, and water quality were studied over three time periods: 1974–1993, 2020–2039, and 2080–2099 in five water basins identified previously as exhibiting water-related problems. These basins, which encompass the boundary between Alabama and Mississippi, cover four important agricultural counties in Mississippi. Irrigation water requirements generated by crop growth models for corn, soybeans, and winter wheat were coupled with monthly runoff for the impacted basins estimated by the SWAT water balance model. The results of the study reveal that in the next 20–40 years water availability in the southern portions of the study area will decline as much as 10 percent during times when water requirements for agricultural production are crucial. Maintaining or expanding existing crop yields under future climate regimes may require additional irrigation water and increase competition among other uses such as domestic, industrial, recreational, and ecosystem quality.     

Contribution of Wastewater Treatment Plant Effluents to Nutrient Dynamics in Aquatic Systems: A Review

Excessive nutrient loading (considering nitrogen and phosphorus) is a major ongoing threat to water quality and here we review the impact of nutrient discharges from wastewater treatment plants (WWTPs) to United States (U.S.) freshwater systems. While urban and agricultural land uses are significant nonpoint nutrient contributors, effluent from point sources such as WWTPs can overwhelm receiving waters, effectively dominating hydrological characteristics and regulating instream nutrient processes. Population growth, increased wastewater volumes, and sustainability of critical water resources have all been key factors influencing the extent of wastewater treatment. Reducing nutrient concentrations in wastewater is an important aspect of water quality management because excessive nutrient concentrations often prevent water bodies from meeting designated uses. WWTPs employ numerous physical, chemical, and biological methods to improve effluent water quality but nutrient removal requires advanced treatment and infrastructure that may be economically prohibitive. Therefore, effluent nutrient concentrations vary depending on the particular processes used to treat influent wastewater. Increasingly stringent regulations regarding nutrient concentrations in discharged effluent, along with greater freshwater demand in populous areas, have led to the development of extensive water recycling programs within many U.S. regions. Reuse programs provide an opportunity to reduce or eliminate direct nutrient discharges to receiving waters while allowing for the beneficial use of reclaimed water. However, nutrients in reclaimed water can still be a concern for reuse applications, such as agricultural and landscape irrigation.     

DOWNSCALED CLIMATE AND STREAMFLOW STUDY OF THE SOUTHWESTERN UNITED STATES1

ABSTRACT: Downscaling coarse resolution climate data to scales that are useful for impact assessment studies is receiving increased attention. Basin-scale hydrologic processes and other local climate impacts related to water resources such as reservoir management, crop and forest productivity, and ecosystem response require climate information at scales that are much finer than current and future GCM resolutions. The Regional Climate System Model (RCSM) is a dynamic downscaling system that has been used since 1994 for short-term precipitation and streamflow predictions and seasonal hindcast analysis with good skill. During the 1997–1998 winter, experimental seasonal forecasts were made in collaboration with the NOAA Climate Prediction Center and UCLA with promising results. Preliminary studies of a control and 2°CO₂ perturbation for the southwestern U.S. have been performed.     

USING A DISTRIBUTED ROUTING RAINFALL-RUNOFF MODEL1

ABSTRACT: Urban storm water data from four catchments near Miami, Florida, were collected and compiled by the U.S. Geological Survey and were used for testing the applicability of deterministic modeling for characterizing storm water flows from small land use areas. The four sites were:

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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.     

STORM WATER RUNOFF QUALITY FROM THREE LAND-USE AREAS IN SOUTH FLORIDA1

ABSTRACT: Storm water runoff studies of three small basins (20, 40, and 58 acres) in the Fort Lauderdale area of Florida were conducted by the U.S. Geological Survey in 1974–78. The basins were homogeneously developed with land uses being: commercial, single family residential, and high traffic volume highway. Synchronized data were collected for rainfall, storm water discharge, storm water quality, and bulk precipitation (rainfall plus dry fallout) quality. Analysis of the storm water discharge data showed that most runoff was from impervious areas hydraulically connected to drain inlets. Regression analyses of the storm water discharge and water quality data indicated that storm loads from the single family residential area correlated strongly with peak discharge and length of antecedent dry periods. Storm loads from the highway area correlated strongly with rainfall and less strongly with peak discharge and antecedent dry periods. Storm loads from the commercial area correlated strongly with peak discharge and rainfall, and less strongly with antecedent dry periods. On a unit area basis, the single family residential area yielded the largest loads of nitrogen, phosphorus, and dissolved solids. The commercial area yielded the largest loads of lead, zinc, and chemical oxygen demand. Yields of carbon were about the same for the three areas. Constituent loadings derived directly from the atmosphere were estimated on the basis of bulk precipitation samples and compared with storm runoff loads from the highway and commercial areas.     

CHEMICAL CONSTITUENTS IN STORM FLOW VS. DRY WEATHER DISCHARGES IN CALIFORNIA STORM WATER CONVEYANCES1

ABSTRACT: This research evaluated concentration data for selected water quality parameters in selected California urban separate storm sewer systems during storm event discharges and during dry weather conditions. We used existing monitoring data from multiple regulatory agencies and municipalities originally collected for compliance or local characterization, which allowed systematic assessment of seasonal patterns over a wide region. Long term mean concentration for most parameters in most streams was higher during storm discharges than during dry weather flows to at least 95 percent confidence in 20 of 45 comparative evaluations, and lower statistical confidence in 22 other comparisons. Some regional differences emerged: in four evaluated streams in the San Francisco Bay Area, total concentration of lead, copper and zinc were lower during dry weather than during storm flows to at least 99.9 percent confidence, with only one exception; while the other four evaluated California streams showed the same tendency, but to much lower statistical confidence.     

SIZING OF SURFACE WATER RUNOFF DETENTION PONDS FOR WATER QUALITY IMPROVEMENT1

ABSTRACT: Historically, storm water management programs and criteria have focused on quantity issues related to flooding and drainage system design. Traditional designs were based on large rainfall‐runoff events such as those having two‐year to 100‐year return periods. While these are key criteria for management and control of peak flows, detention basin designs based on these criteria may not provide optimal quality treatment of storm runoff. As evidenced by studies performed by numerous public and private organizations, the water quality impacts of storm water runoff are primarily a function of more frequent rainfall‐runoff events rather than the less frequent events that cause peak flooding. Prior to this study there had been no detailed investigations to characterize the variability of the more frequent rainfall events on Guam. Also, there was a need to develop some criteria that could be applied by designers, developers, and agency officials in order to reduce the impact of storm water runoff on the receiving bodies. The objectives of this paper were three‐fold: (1) characterize the hourly rainfall events with respect to volume, frequency, duration, and the time between storm events; (2) evaluate the rainfall‐runoff characteristics with respect to capture volume for water quality treatment; and (3) prepare criteria for sizing and designing of storm water quality management facilities. The rainfall characterization studies have provided insight into the characteristics of rainstorms that are likely to produce non‐point source pollution in storm water runoff. By far the most significant fmdings are the development of a series of design curves that can be used in the actual sizing of storm water detention and treatment facilities. If applied correctly, these design curves could lead to a reduction of non‐point source pollution to Guam's streams, estuaries, and coastal environments.     

Federal Decentralization and Adaptive Management of Water Resources: Reservoir Reallocation by the U.S. Army Corps of Engineers

Reservoir operations must respond to changing conditions, such as climate, water demand, regulations, and sedimentation. The U.S. Army Corps of Engineers (Corps) can reallocate reservoir storage to respond to such changes. We assembled and analyzed a database of reservoir reallocations implemented and proposed by the Corps. While only a small portion of total reservoir storage nationwide has been reallocated, there are substantial differences in reallocation frequency and magnitude across the nation: some Corps Districts and Divisions use reallocation while others do not, relying more on discretion and small‐scale adaptation of operations. This difference illustrates how water resource agencies like the Corps decentralize management decisions to allow responding to disparate conditions. Decentralized decision‐making provides a responsive approach to water management, while centralized and hierarchical decision‐making is a slower, more deliberative approach. Decentralized decision‐making may lead to the accumulation of short‐term, local decisions over time to the point that the system is managed differently than anticipated. Reallocation, which is a form of planned adaptive management, can be accommodating of multiple competing demands and different stakeholders, yet expensive and less temporally responsive. The challenge for any large water resource management agency is to balance between local‐level, responsive discretion vs. centralized, planned decision‐making.     

PRECIPITATION DIFFERENCES AMONGST GCMs USED FOR THE U.S. NATIONAL ASSESSMENT1

ABSTRACT: Two general circulation models (GCMs) used in the U.S. national assessment of the potential consequences of climate variability and change (CGCM1 and HadCM2) show a large increase in precipitation in the future over the southwestern U.S., particularly during winter. This precipitation increase is an extension of a larger region of increased precipitation in the Pacific Ocean off the west coast of North America that is associated with a deepened and southward-shifted Aleutian Low, a weaker subtropical high, and warmer sea surface temperatures (SSTs). The models differ in their simulation of precipitation anomalies over the southeastern U.S., with CGCM1 showing drier conditions and HadCM2 showing wetter conditions in the future. While both models show decreased frequency of Atlantic storms, consistent with decreased meridional and land/sea temperature gradients, the more coastal position of the storm track in CGCM1 results in less precipitation than modern along the eastern seaboard of the U.S. During summer, differences in land surface models within the two GCMs sometimes lead to differences in soil moisture that feed back to the precipitation over land due to available moisture.