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.     

HYDROELECTRIC POWER AND SCENIC PROVISIONS OF THE 1950 NIAGARA TREATY1

ABSTRACT: An important international Niagara River management issue concerns allocation of the average 202,000 cubic feet per second river discharge for hydroelectric power and scenic purposes. Major water diversions from Niagara Falls are necessary for power production. Flow is allocated by the 1950 Niagara Treaty which is intended to maximize power benefits and preserve and enhance the scenic fals spectacle. This paper examines the extent to which the Treaty objectives have been achieved. Based on analyses of government documents, engineering data, and falls-viewing patterns, it is concluded that the 1950 Treaty led to enhancement of the falls spectacle and increased power generation. But significant additional power diversions probably are attainable without adverse effect upon the existing falls spectacle. Reducing daytime summer Horseshoe Falls flow and scheduling spring and autumn flow according to viewing patterns are possible means of increasing power diversions. Existing generating facilities could use considerably more water and the value of additional Niagara hydroelectricity is very high in terms of generation-cost savings over alternative power sources. Because of the cultural importance of the falls, Treaty modifications to permit increased power diversions are not recommended without prior public opinion sampling and on-site viewing experiments. These findings highlight the need for more careful study before long-term international agreements are concluded and illustrate the need for more flexible treaty arrangements to permit periodic adjustments for changing conditions.     

Space perception as a factor in land use decision making

Land use decisions involve the allocation of space to competing demands. Space is perceived subjectively, particularly in respect to recreational use. Five groups involved in the decision-making process were asked to select from a list of acreages or percentages the closest approximation for each of five land use categories. The responses produced considerable variation from the correct answers. Designated park areas tended to be overestimated and designated forest lands underestimated. While some differences were associated with group affiliation; visibility of areas, political importance, experience of individual, mode of access, proximity, and role of group member may also have been important determinants. The importance of space perception is dependent on type of process in decision making; in particular whether the process is incremental or comprehensive.     

PHYSICAL PROCESSES AND EUTROPHICATION1

ABSTRACT: Biological responses to physical-chemical processes were examined in Toronto and Hamilton Harbours of Lake Ontario. Nutrient loadings to the harbors are large and are of similar magnitude, yet the trophic conditions of the harbors were considerably different. Lake oscillations were found to determine the flushing rates and environmental stability of the harbors. LOW residence times (<10 days) resulted in homogenous chemical conditions in Toronto Harbour, and prevented the establishment of large phytoplankton crops. The longer retention time of Hamilton Harbour permitted the establishment of huger phytoplankton crops. There probably exists a critical retention time where nutrient input events persist for a sufficient period of time for the algal community to adapt to and exploit the environmental conditions of nearshore areas.     

FARMERS’ATTITUDES TOWARD GOVERNMENT INVOLVEMENT IN PREVENTING AGRICULTURAL NONPOINT SOURCE WATER POLLUTION1

ABSTRACT: Concern over the pollution of our lakes and streams has become a major issue in the United States. Sedimentation from sigricultural lands has been identified as a significant factor in water pollution. Some citizens suggest that government should force compliance with soil loss standards, while others suggest that we ask farmers to voluntarily comply. Related questions are “DO farmers think government should be involved in controlling erosion and protecting water quality?”“To what extent should government be involved?” What level of government should be involved? Federal? State? Local?“Why should pay for water quality projects?” Farmers from a small watershed in northeastern Indiana were interviewed before and after a major demonstration project. Their responses suggest that farmers feel that individual landowners should be responsible for controlling erosion and agricultural nonpoint source water pollution. However, over 60 percent of the study fanners indicated that the federal government should play an important role, in terms of both technical and financial assistance.     

ALUM CONTROL OF INTERNAL PHOSPHORUS LOADING IN A SHALLOW LAKE1

ABSTRACT: Alum treatment of a shallow lake, with mean depth 2 m and area 137 ha, curtailed internal loading of P for at least one ear. Mean summer total P and chl a decreased from 76 and 27μg l^?1, respectively, in 1978 before treatment. to 29 and 14 μ l^?1, while mean summer Sed transparency increased from 1.6 to 2.2 m and blue green algae were no longer dominant. Macrophyte biomass and distribution retuned during the post-alum year, 1980-1981, to previous levels after a 1979 four-month lake level drawdown had reduced biomass by 84 percent The improved transparency, resulting from the decrease in chl a following treatment, could encourage greater biomass of macrophytes in the deeper area of the lake. Recovery of macrophyte biomass to predrawdown levels may restore internal loading of P through enrichment of deep water sediments during winter dieback and decomposition.     

The effect of right-turn-on-red on pedestrian and bicyclist accidents

Right-Turn-on-Red (RTOR), in its “Western” version allows motorists to turn right on a red signal after stopping and yielding, unless specifically prohibited by a sign. The objective of this study was to determine the effect of Western RTOR on pedestrian and bicycle accidents in selected jurisdictions adopting the rule in the mid-1970s. The results showed significant increases in pedestrian and bicyclist accidents involving right-turning vehicles at signalized locations following the introduction of Western RTOR. These increases were: 40 % for pedestrians and 82 % for bicycles in New York State; 107 % for pedestrians and 72 % for bicycles in Wisconsin; 57 % for pedestrians and 80 % for bicycles in Ohio; and 82 % for pedestrians in New Orleans. Analysis of police accident reports suggested that drivers stopped for a red light are looking left for a gap in traffic and do not see pedestrians and bicyclists coming from their right. Countermeasure research and development was recommended to deal with this well defined problem which involves between 1 % and 3 % of all pedestrian and bicycle accidents.     

INTERDISCIPLINARY MODELING IN THE ANALYSIS OF THE SALINITY PROBLEMS OF THE SAFFORD VALLEY1

ABSTRACT: A groundwater quality change of +0.13 millimhos electrical conductivity was documented between 1940 and 1 972 in the Safford Valley. The change is attributable to four principal mechanisms: pumping-encouraged saline artesian aquifer leakage, natural recharge of the water table aquifer by saline waters, leaching of agricultural waters into the aquifer and the lateral flow of groundwater through saline lacustrine beds. A hydrologic study of the area has shown the first of these mechanisms to be predominant. Salinity modeling has shown three regions of salinity change, and salinity increase projections for each are determined. An economic analysis and an economic model are then combined with the physical model, yielding information as to when certain economic conditions are reached with respect to the salinity increase. This combined model shows that, based on projected salinity trends, cotton, the principal agricultural crop of the valley, will remain economical to cultivate for a significant time beyond the model's limit of prediction. Alfalfa, on the other hand, should go out of production in large areas of the valley by 1990, and not be under economical cultivation by 2040. A sociologic model, based on the cluster analysis of questionnaire data, shows an awareness of the salinity problems of the area but little concern over them. Interdisciplinary model based salinity control regulations are made.     

A field study on residues of four insecticides used in strawberry protection

Abstract

In 1986 strawberry plots were treated with dimethoate, malathion, permethrin and cypermethrin at 80% bloom of primary flowers. In 1987 the plots were sprayed with dimethoate, malathion and permethrin at 30% bloom. Residue analysis of these insecticides on the flowers were analyzed using solvent extraction and gas liquid chromatography. Residue analysis at 0 to 18 days on flowers and fruit showed an exponential decrease. Organophosphates tended to degrade more quickly than synthetic pyrethroids. The results are discussed in the context of an integrated pest management program.     

Management of fresh water weeds (macrophytes) by vermicomposting using Eisenia fetida

In the present study, potential of Eisenia fetida to recycle the different types of fresh water weeds (macrophytes) used as substrate in different reactors (Azolla pinnata reactor, Trapa natans reactor, Ceratophyllum demersum reactor, free-floating macrophytes mixture reactor, and submerged macrophytes mixture reactor) during 2 months experiment is investigated. E. fetida showed significant variation in number and weight among the reactors and during the different fortnights (P <0.05) with maximum in A. pinnata reactor (number 343.3?±?10.23 %; weight 98.62?±?4.23 % ) and minimum in submerged macrophytes mixture reactor (number 105?±?5.77 %; weight 41.07?±?3.97 % ). ANOVA showed significant variation in cocoon production (F₄?=?15.67, P <0.05) and mean body weight (F₄?=?13.49, P <0.05) among different reactors whereas growth rate (F₃?=?23.62, P <0.05) and relative growth rate (F₃?=?4.91, P <0.05) exhibited significant variation during different fortnights. Reactors showed significant variation (P <0.05) in pH, Electrical conductivity (EC), Organic carbon (OC), Organic nitrogen (ON), and C/N ratio during different fortnights with increase in pH, EC, N, and K whereas decrease in OC and C/N ratio. Hierarchical cluster analysis grouped five substrates (weeds) into three clusters—poor vermicompost substrates, moderate vermicompost substrate, and excellent vermicompost substrate. Two principal components (PCs) have been identified by factor analysis with a cumulative variance of 90.43 %. PC1 accounts for 47.17 % of the total variance represents “reproduction factor” and PC2 explaining 43.26 % variance representing “growth factor.” Thus, the nature of macrophyte affects the growth and reproduction pattern of E. fetida among the different reactors, further the addition of A. pinnata in other macrophytes reactors can improve their recycling by E. fetida.