THE INFLUENCE OF DRAW-DOWN ON RECREATION ON THE TRENT CANAL RESERVOIR-LAKES1

ABSTRACT: Water-based outdoor recreation constitutes an important benefit in many multiple-use projects. One problem frequently encountered, however, is the fluctuation of the water-level in a reservoir, especially if draw-downs occur during the summer recreation season. The Trent Canal in Ontario, Canada, forms a unique recreation waterway of some 240 miles of canal and navigable lakes and rivers. For the control of the water in the canal, the Canadian Federal government manages 44 reservoir-lakes as water-storage sites to augment the flows in the canal. While most disputes in water allocation for recreation generally involve recreation uses versus other, non-recreation uses, in the case of the Trent Canal and its reservoir-lakes the dispute in water allocation exists between two competing recreation-uses: for recreation boating on the Canal and its waterway, and for recreation use of the reservoir-lakes. Each use has its own duty-of-water in terms of requirements, or water conditions, for its optimum use. On the reservoir-lakes, by far the largest recreation user-group, is made up of the owners of private shoreline summer cottages (cabins). Draw-downs on the reservoir-lakes, in some cases as much as 13 feet, hence constitute a negative externality imposed by the canal, especially since water-level lowering takes place continuously throughout the summer. In-depth interviews conducted with over 100 cottage-owners indicate four main conclusions. First, the previous user assumptions of the extent of the negative effect of water-level fluctuation on recreation had been exaggerated. Only in extreme draw-downs during infrequent dry years would draw-down constitute a serious imposition. Second, water-level fluctuation does constitute a form of inconvenience to the private riparian recreation property owners, but it does not generally reduce the quantity of recreation use of the reservoir-lakes. Third, there is evidence that reservoir-lake users have learned to adapt successfully to water-level draw-downs. Fourth, the shoreline physiography of the location of a riparian owner strongly influences the way in which draw-down affects attitudes and opinions. The complex jurisdictional split of the land and water resources of the region points to the need to establish a Trent Canal Authority, to oversee the proper use and development of the canal, its waterway, and the reservoir-lakes.     

城市消防站布局评估指标量化分析

从城市消防站覆盖分析和辖区范围分析两方面提出了有关消防站布局评估的4个指标。对这4个评估指标进行了详细地讨论，并给出了相关的数学模型。实例应用说明，这些指标具有较强的科学性和实用性。     

GIS‐Based Stream Classification in a Mountain Watershed for Jurisdictional Evaluation

This study analyzed stream characteristics in a mountain watershed in southwestern Colorado and developed a three‐level hierarchical classification scheme using national datasets to demonstrate jurisdictional evaluation as “waters of the United States (U.S.)” under U.S. Clean Water Act Section 404 at the watershed scale. The National Hydrography Dataset and USGS StreamStats were used with field observations to classify streams in the 53 km² Cement Creek Watershed based on flow duration (Level 1), stream order (Level 2), and other biophysical metrics (Level 3). Kruskal‐Wallis tests and discriminant analysis showed significant differences among Level 2 classes. Level 3 classification used cluster analysis for stream length, distance to the downstream traditional navigable water (TNW), and the ratio of mean annual flow from the source stream to the TNW. Results showed all perennial and intermittent streams are jurisdictional relatively permanent waters (RPWs), which include over a third of all streams, 64% are intermittent or ephemeral, and almost half are ephemeral first order. All ephemeral reaches are non‐RPWs requiring significant nexus evaluation to determine jurisdiction. These ephemeral first‐order streams can contribute 5% of the annual flow to the TNW at the confluence, while the Cement Creek main stem contributes 21% of the TNW flow. The study demonstrated that the classification provides key biophysical and regulatory information to aid jurisdictional evaluations in mountain watersheds.     

试论环境行政诉讼

审理环境行政诉讼案件,既涉及实体法又涉及程序法的应用。鉴于环境污染的潜伏性、流动性、交叉性等特征,应确认环境行政诉讼专属地域管辖和共同上级指定管辖,应正确界定行政补偿与行政侵权赔偿,环境保护行政主管部门不能作为行政诉讼第三人,应对举证责任另作特别法律规定。     

论尊重国家主权和不损害管辖范围以外环境原则

尊重国家主权和不损害管辖范围以外环境原则发轫于环境问题对国家主权提出的挑战,目的是为了在对国家主权予以确认和维护的同时,对其进行适当限制,以避免国家主权的行使危及管辖范围以外环境.该原则的重要性已经为学界所公认,其作为对环境与主权关系之争论的回应,法理基础是建立在国家主权原则、互相尊重主权、禁止权利滥用原则、全球共同利益与可持续发展的理念之上的.尊重国家主权和不损害国外环境原则是对国际环境法主体的权利、义务与责任进行调整.     

美国《清洁空气法》中的环境质量达标制度研究——以联邦与地方的权限为视角

虽然针对美国《清洁空气法》(CAA)的研究众多,然而诸多研究并未发掘至其之所以先进的核心。CAA之所以先进的关键在于重新分配法律(EPA是其代表)与州政府之间权力与义务的环境质量达标制度。CAA要求在联邦层面构建一个约束美国各州的大气环境质量标准体系,并且以各州的客观环境与发展程度为前提,赋予各州政府一系列的大气环境质量目标。各州政府需要在自身的权限范围内采取行动,从而为这一系列目标向联邦负责。CAA将自身的法律设置分为两大内容(或称两大原则):国家空气质量标准原则与州政府独立实施原则,并将两大原则转化为具体的程序:NAAQS与SIP。代表国家法律的环保署与代表实际环境义务承担者的州政府之间,是互相依赖又互相独立的关系。     

Moving from agenda to action: evaluating local climate change action plans

Climate change is conventionally recognised as a large-scale issue resolved through regional or national policy initiatives. However, little research has been done to directly evaluate local climate change action plans. This study examines 40 recently adopted local climate change action plans in the US and analyses how well they recognise the concepts of climate change and prepare for climate change mitigation and adaptation. The results indicate that local climate change action plans have a high level of ‘awareness’, moderate ‘analysis capabilities’ for climate change, and relatively limited ‘action approaches’ for climate change mitigation. The study also identifies specific factors influencing the quality of these local jurisdictional plans. Finally, it provides policy recommendations to improve planning for climate change at the local level.     

Coastal protected area management and multi-tiered governance: the Cape Cod Model

Policy tools that allow for the coordination of various authorities at different levels of government are important for coastal protected areas. Frequently, multiple authorities manage these areas with varied and sometimes conflicting goals. This study examines a regulatory model implemented on the Cape Cod National Seashore in the US that uses federally-approved zoning to regulate private uses for protection of natural coastal resources. Local authorities implement the zoning which is designed to support national resource protection goals making this a prime model of cross-level governance for conservation. I use case study analysis to evaluate the program’s effectiveness by focusing on implementation and compliance in the context of multi-jurisdictional (i.e., national to local) relations. The analysis and subsequent discussion highlight the difficulties associated with implementation of intergovernmental mandates. Also, theoretical perspectives on compliance give insights about the implementation challenges of this model. The model’s limitations have implications for policymakers considering similar schemes implemented by split and hierarchical authorities with different, and possibly conflicting, coastal management goals.