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.     

Water,Adaptation, and Property Rights on the Snake and Klamath Rivers1

Abstract: Water demand in a viable economy tends to be dynamic: it changes over time in response to growth, drought, and social policy. Institutional capacity to re‐allocate water between users and uses under stress from multiple sources is a key concern. Climate change threatens to add to those stresses in snowmelt systems by changing the timing of runoff and possibly increasing the severity and duration of drought. This article examines Snake and Klamath River institutions for their ability to resolve conflict induced by demand growth, drought, and environmental constraints on water use. The study finds that private ownership of water rights has been a major positive factor in successful adaptation, by providing the basis for water marketing and by promoting the use of negotiation and markets rather than politics to resolve water conflict.     

Injustice and organisation in Anchicayá, Colombia: an environmental legal case in a hydropower watershed

The paper looks at Colombia's first major environmental justice legal case involving a riparian Afro-Colombian community and the Pacific Energy Company (EPSA). Riverine Afro-Colombian communities gained political recognition as a culturally distinct group largely based on their conservation practices in riparian environments. The work contrasts the complexities of the case with the vulnerable reality of the people of Anchicayá who largely live in conditions of poverty, violence and political isolation. It also describes the institutions that frame watershed management, the ethnic rights to collective land and self-governance and the property rights of energy companies in the backdrop of decentralisation reforms that clarified different types of property rights and refounded Colombia as a multicultural nation. The legal suit, however, demonstrates that the government failed to offer equal protection to collective versus private cultural and socio-economic uses of land and water in order to protect energy investments. The Constitutional Court's jurisprudence ultimately privileged technical and legal know-how and overlooked the limits community intermediaries face offering similar evidence. By doing so, the court not only disregarded the constitutional rights of Afro-Colombians, but it also failed to mitigate a socio-environmental conflict.     

INSTITUTIONAL BARRIERS TO WATER MARKETING IN THE WEST1

ABSTRACT: Water marketing has been proposed as one means of reallocating water supplies in the western United States. While markets for western water currently exist and may be expected to expand, the institutional constraints within which the markets must operate will limit the ultimate size and efficiency of those markets. Lack of articulation of public interests in the water resource itself leads to incomplete definition of the private rights to use the water, and it is those private rights which are sold or leased in the market. The increase in size and efficiency of any market in water rights will be dependent on the willingness of legislatures to specifically define the nature and extent of public interests in water supplies, and detailed definition is unlikely.     

PRIVATIZING THE GROUND WATER RESOURCE: INDIVIDUAL USE AND ALTERNATIVE SPECIFICATIONS1

ABSTRACT: While most inquiries into improving the efficiency of ground water allocation have focused upon various schemes involving centralized management, recently the focus has shifted towards exploring private property solutions to these problems. However, most of these studies, when modeling ground water use, have equated behavior under private property to that under common property conditions. This leads to the possibly mistaken conclusion that private property rights do not promote more efficient ground water use, because these models assume that producers ignore the future effects of current pumping. This paper attempts to correct this deficiency by formally modeling ground water use under common property, central management, and private property scenarios. Moreover, there are many ways that property rights can be defined over ground water, some establishing more exclusivity over the resource than others. Four specifications of property rights are analyzed for their likely effects on allocative efficiency: full stock-flow, partial stock-flow, limited stock-flow, and pure flow rights.     

Using Public–Private Interplay to Climate-Proof Urban Planning? Critical Lessons from Developing a new Housing District in Karlstad,Sweden

While strengthening public–private interplay is expected to improve the climate profile of urban planning in terms of mitigation and adaptation, less is known about the practice of such new interactive modes of governing. The paper critically examines the role, benefits and limitations of extended public–private interplay in developing a new housing district in Sweden. The developer dialogue between municipal officials and property developers confirms mutual interests, shared understandings and the added value of interacting. However, the closer the dialogue comes to settling agreements, the more difficult it gets for municipal officials to steer the process and its outcomes in favor of climate proofing. Complications with adapting to the new interactive setting means that municipal officials balance between acting as facilitators and/or regulators and property developers between acting as partners, competitors and/or defenders. Refining steering-strategies for sustaining commitments and securing formal agreements are pertinent for using public–private interplay to climate-proof urban planning.     

INSTITUTIONALIZED INEFFICIENCY: THE UNFORTUNATE STRUCTURE OF COLORADO'S WATER RESOURCE MANAGEMENT SYSTEM1

ABSTRACT: This analysis identifies two basic structural features of Colorado's water management system which inhibit constructive reform and perpetuate inefficiencies in water use and distribution patterns. These features are: (1) the fragmentation of authority and influence over water, and (2) the estrangement of interest in reform from formal control over water policy. These interrelated features have continued to produce: sporadic, high conflict battles over proposed changes in the status quo; decision making which tends to exaggerate the importance of narrow, special interests while virtually ignoring legitimate interests of major sectors of the public; an inertia which discourages innovation; and an agglomeration of rules and water rights that are predicated on obsolete social and economic needs. Two radical proposals for reforming the state's water resource management system in order to overcome these problems and to enhance the probability that wise water policy will result are offered. These proposals are: (1) the abolition of the present system of water rights founded on the doctrine of prior appropriation, and (2) the consolidation of authority over water allocation in a single board of governors.     

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.     

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.     

Public and Private Compromises in Agricultural Water Management

Agricultural water management is a complex decision-making problem involving multiple criteria of different nature as well as multiple decision agents with different interests. To handle this multiplicity of objectives and interests a pragmatic approach based on compromise programming is proposed in this paper. The methodology is applied to an agricultural water management problem in Tauste, Spain. Public, environmentalist and private decision makers are considered. The approach proposed reveals itself as a pragmatic alternative to other approaches based on aggregate utility functions with very sound theoretical underpinnings but with few possibilities of actually being put into practice.     

Water Transactions for Streamflow Restoration,Water Supply Reliability,and Rural Economic Vitality in the Western United States

Across the western United States, environmental water transaction programs (EWTPs) restore environmental flows by acquiring water rights and incentivizing changes in water management. These programs have evolved over several decades, expanding from relatively simple two‐party transactions to multiobjective deals that simultaneously benefit the environment and multiple water‐using sectors. Such programs now represent an important water management tool and provide an impetus for collaboration among stakeholders; yet, most evaluations of their effectiveness focus exclusively on environmental outcomes, without adequate attention to impacts on other water users or local economies. To understand how these programs affect stakeholders, a systematic, multiobjective evaluation framework is needed. To meet this need, we developed a suite of environmental and socioeconomic indicators that can guide the design and track the implementation of water transaction portfolios, and we applied them to existing EWTPs in Oregon and Nevada. Application of the indicators quantifies impacts and helps practitioners design water transaction portfolios that avoid unintended consequences and generate mutually beneficial outcomes among environmental, agricultural, and municipal interests.     

Application of a Modified Health Belief Model to the Pro‐Environmental Behavior of Private Well Water Testing

A social cognition model of health behavior, the health belief model, was applied to the pro‐environmental behavior of private well water testing. Conceptualizing environmental behaviors as health behaviors may provide new insight into pro‐environmental behavior change. A groundwater education program was provided to K‐12 children throughout New England. Both child participants and their parents completed surveys pertaining to private well water behavior. Results indicate that perceived barriers and socioeconomic status significantly influenced past well water testing of parent participants. Perceived barriers included: participants' concern related to the cost of treating their water, and how a well water problem would influence their property value. Parent participants also indicated that they would perform future well water testing if they received a reminder cue to action that might include: getting a discount or reminder in the mail, if a well testing program was available, and state or local requirement. Our findings reinforce the need for continued private well water research and parallels to additional environmental behaviors.     

AN ALTERNATIVE TO WATER POLLUTION CONTROLS1

ABSTRACT: A hypothetical, although realistic, water pollution problem was studied from a property rights viewpoint. Theoretical and economic justifications were developed. A fully-liable, private owner was found to be financially profitable while improving the water quality and providing recreational potential. The example confirmed that property rights provides an answer to stream pollution problems, but contradicted the view that water pollution control must be justified by recreational benefits.     

COMPETING WATER USES IN THE SOUTHWESTERN UNITED STATES: VALUING DROUGHT DAMAGES1

ABSTRACT: Economic benefit functions of water resource use are estimated for all major offstream and instream uses of Colorado River water. Specific benefit estimates are developed for numerous agricultural regions, for municipal uses, and for cooling water in thermal energy generation. Economic benefits of hydropower generation are given, as are those for recreation on Colorado River reservoirs and on one free-flowing reach. Marginal and total benefit estimates for Colorado River water use are provided. The estimates presented here represent a synthesis of previous work, providing in total a comprehensive set of economic demand functions for competing uses of Colorado River water. Non-use values (e.g., benefits of preserving endangered species) are not estimated.     

THE IMPORTANCE OF PERCEPTIONS IN THE DETERMINATION OF INDIAN WATER RIGHTS1

ABSTRACT The American Indian occupies a unique place in the federal system of government There are indications that this relationship will continue and that Indian reservations are at the threshold of economic development. As this occurs, the nature and extent of Indian water rights becomes more important to Indian and non-Indian alike. The determination of these rights is a matter of more than judicial decisions. To a large degree the determination of these rights will rest in the non-judicial arena and will be influenced by the perceptions of those rights held by Indians and water allocation officials, both state and federal. If the perceptions of these political actors are not congruent, then political conflict will occur as the rights become more important. To depend solely upon the judicial system to resolve these conflicts entails risks and costs to both Indians and to allocating officials. Indians are taking seriously the federal policy of Indian self-determination, and water allocation officials run decided risks in failure to realize this. An alternative suggested is to include Indians as consulting parties when decisions are being made that affect Indian interests.     

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.     

A City Wide Assessment of the Financial Benefits of Rainwater Harvesting in Mexico City

We assess the potential financial benefits of rooftop rainwater harvesting (RWH) in Mexico City from the perspective of property owners and entrepreneurs. A bottom‐up approach was followed by evaluating RWH at individual buildings and aggregating the results to a borough/city level. We consider sector‐specific water demands, potable and nonpotable uses, and user‐specific water tariffs. We find that RWH is economically most beneficial for nondomestic users rather than for small domestic users, who are often the target of RWH interventions. Based on a net present value analysis, a potable RWH system is not favored for most domestic users under the current subsidized municipal water tariff structure. Our analysis only considers capital and maintenance expenses, and not other benefits related to increased access to water and reliability, or social benefits from a switch to a RWH system. If the initial capital expense for RWH is partly financed by transferring the water subsidy to an entrepreneur, then RWH becomes financially attractive for a wide range of domestic users. To improve water access in Mexico City, RWH is attractive in the most marginalized boroughs where water use is currently lower and precipitation is higher. For domestic users relying on trucked water, RWH can have great financial benefits. Our approach provides quantitative data with high spatial specificity, highlighting the places and types of users that would benefit most from RWH.     

PLANNING UNDEVELOPED LAKESHORE1

ABSTRACT: Private lakeshore development usually precedes establishment of public lake access. As a result, the best access areas are often occupied before public access is provided. The public then has a problem to provide access for nonriparian citizens. This problem can be anticipated and prevented by classifying undeveloped lakeshore areas according to suitability for both private and public uses, and incorporating appropriate recommendations into the municipal, comprehensive land use plan. To accomplish this, a site evaluation system has been developed which numerically rates the lakeshore for each of four public uses: public beaches, picnic areas, boat access areas, and public marinas; and two private uses: private marinas and vacation homes. Ratings are developed for: slope, soil suitability, shoreland type, water quality, site location, scenery, and road access. These ratings are combined with a statement of public goals developed from attitude surveys to produce a lakeshore land use plan. The plan recommends that lakeshore areas best suited for private development are so used, and areas best suited for public use are reserved for that purpose. This site evaluation system is demonstrated by a case study on Lake Champlain in Ferrisburg, Vermont.     

The Water Market for the Middle and Lower Portions of the Texas Rio Grande Basin1

Leidner, Andrew J., M. Edward Rister, Ronald D. Lacewell, and Allen W. Sturdivant, 2011. The Water Market for the Middle and Lower Portions of the Texas Rio Grande Basin. Journal of the American Water Resources Association (JAWRA) 47(3):597‐610. DOI: 10.1111/j.1752‐1688.2011.00527.x Abstract: Regional water management on the United States’ side of the middle and lower portions of the Rio Grande basin of Texas has been aided by a functioning water market since the early 1970s. The water market operates over a region that stretches from the Amistad Reservoir to the Rio Grande’s terminus into the Gulf of Mexico. This article provides an overview of the organizations, institutions, policies, and geographic particulars of the region’s water‐management system and its water market. In recent years, this region has experienced high population growth, periodic droughts, and a reallocation of water resources from the area’s agricultural sector to the municipal sector. Demand growth for potable water and a relatively fixed supply of raw water are reflected in increasing prices for domestic, municipal, and industrial water rights. Rising prices in the presence of scarcity and the transfer of water from lower‐value to higher‐value uses indicate that the market is operating as suggested by economic theory. Reasons for the market’s functionality are presented and discussed. Finally, suggestions are presented which might mitigate potential complications to market operations from aquifer depletion and aid the management of instream river flows.     

SPECIAL CASES OF WATER SUPPLY INTERFERENCE CAUSED BY URBAN DEVELOPMENT NEAR TORONTO,ONTARIO, CANADA1

Since 1961, control over water-supply interference problems in the Province of Ontario has been provided under The Ontario Water Resources Commission Act. A section of The Act requires persons taking more than 10,000 imperial gallons per day of water for purposes other than domestic, stock or fire-fighting to have a permit and to take the water in accordance with specified terms and conditions. Construction of some new wells, sewers, and roads to meet the needs of urban development has caused interference with both ground- and surface-water supplies. In cases of serious interference, the Commission has required that steps be taken to restore water supplies or prevent continued interference. Two cases are described where municipalities in the Toronto area restored supplies to overcome serious interference with several private wells and streamflow during testing and operation of a 500-imperial gpm municipal well adjacent to a normally effluent stream, and varying degrees of interference with private wells caused by dewatering at rates up to 2000-imperial gpm for the installation of a trunk sewer.