REVISITING STATE WATER RIGHTS LAW1

ABSTRACT: Water resources professionals should be engaged actively in revisiting state water rights law. During the past four years, sponsored by the American Society of Civil Engineers with cooperation of other water resources organizations, over a hundred engineers, hydrologists, geographers, lawyers, administrators, educators, water users, and other persons interested in water law have been preparing a Model State Water Rights Code. Preliminary drafts of the Model Code have been considered in four states, and its provisions will be disseminated nationally to state legislators and other policy makers upon formal publication in September 1994. The Model Code gathers the best provisions from state water laws into comprehensive regulated riparian and prior appropriation provisions, includes commentaries explaining how its textual sections address water resources planning and management issues, and references similar language in current state water statutes. The goal of the Code Project is to provide materials which will assist legislators so they can enact effective, efficient, and equitable water laws. In the future, the Code drafting group will expand its efforts to develop legal guidelines for allocating shared transboundary water resources, water quality law, federal water statutes, and other water resources legal issues.     

NATIONAL WATER ASSESSMENT: NEEDED OR NOT?1

ABSTRACT A conceptual framework and the systematic collection of reliable information for application within the framework are the cornerstones of effective water planning. The ideal of strengthening these cornerstones was a driving force behind formation of the Water Resources Council and Council efforts, during its life, to develop the Principles and Standards and to complete two National Water Assessments. The Assessments contained voluminous data but never really became an integral component of the national water planning process. Before being disbanded in 1982, the Council solicited several appraisals of its assessment process. This paper reports one made by the university community in which experiences and opinions were obtained from 108 water research administrators and water policy experts.     

WATER MARKETING: THE CASE OF INDIAN RESERVED RIGHTS1

ABSTRACT: Water marketing is an increasing important topic for policy makers and water managers, especially in the Western United States. Indian reserved rights (or Winters rights) differ in significant ways from water rights under most state prior appropriation systems. As Winters rights are quantified, a number of issues are emerging concerning the extent to which these water rights may be marketed, particularly to off-reservation users. This paper will review the evolution of Indian reserved water rights and discuss key issues surrounding the marketing of these rights.     

WICKED WATER PROBLEMS: SOCIOLOGY AND LOCAL WATER ORGANIZATIONS IN ADDRESSING WATER RESOURCES POLICY1

ABSTRACT: Water policy problems are wicked, not in an ethically deplorable sense, but in the sense that they present us with especially difficult challenges of becoming more effective in our interdisciplinary collaboration, of integrating two very different types of knowledge, of working across several socio‐political units of analysis simultaneously, and of better organizing water as a common property resource. Sociology, as a discipline, does not have a particularly rich history of successful interdisciplinary collaboration on water resources research and teaching, but it potentially has a most useful contribution to make by focusing on the analysis of local common property resource organizations that operate in the interface between individual resource users and State‐Federal entities. These organizations (e.g., water user associations, mutual companies, irrigation districts, acequias, conservancy districts) have been the orphans of water policy discourse but their operations are critical to undertaking more effective 21st century social analysis, research work, and action programs. Sociologists who work to better comprehend the operations of, and constraints upon, these organizations build a sociology that can better collaborate with other water‐related disciplines in addressing the challenges posed by the wickedness of our water problems.     

WATER SUPPLY OPTIONS IN A NEW MEXICO WATER PLANNING REGION1

ABSTRACT: The population in the Jemez y Sangre Water Planning Region of New Mexico has reached the point at which the demand for water exceeds available supplies, particularly when precipitation is below average, as has frequently occurred in recent years. The desire to develop a sustainable water supply that relies on renewable supplies in wet years and preserves the water in storage for times of drought motivated a diverse set of stakeholders in the region to participate in regional water planning. The planning effort culminated in development of the Jemez y Sangre Regional Water Plan, which was adopted by municipal and county governments in the region. The plan assesses and compares water supply and demand in the region and recommends alternatives for protecting and restoring the existing water supply and addressing the pending gap between supply and demand anticipated by the year 2060. To convey to decision makers the alternatives available to solve the future water shortage, option charts were developed to portray the amount of water that could be obtained or conserved through their implementation. The option charts show that the projected gap between supply and demand cannot be met through one alternative only, but will require a combination of alternatives.     

STATE WATER QUALITY CONTROL PROGRAM IN ARIZONA1

ABSTRACT: Arizona's water pollution control program is based on authorties of Arizona Revised Statutes and Public Law 92–500, the Federal Water Pollution Control Act Amendments of 1972. The primary areas of this program are monitoring, facility inspections, plan review, planning, discharge permits and grants for the construction of publicly-owned waste water treatment facilities. The discharge permit program deals with control of point-source discharges and is administered by the United States Environmental Protection Agency. The planning and construction grants programs are administered by the State Water Quality Control Council and are implemented by the Bureau of Water Quality Control, which serves as staff to the Council. There are several challenges that face the State in this program. First is the adaptation of the “eastern law” to deal with Arizona's water quality problems. Second is to address problems caused by a long history of “laissez-faire” environmental quality management. Third is a mutual cooperation and coordination among the many entities involved in water resources management. Areas of particular interest in the State's program is the process setting water quality standards and the involvement of people of diversified backgrounds in the field of areawide planning under Section 208 of the Federal Water Pollution Control Act, which is primarily concerned with non-point sources of water pollution.     

THE WESTERN WATER COMMISSION: WATERSHED MANAGEMENT RECEIVES THE AVI'ENTION OF A NEW GENERATION1

ABSTRACT: Our nation periodically reviews national water policy and considers its directions for the future. The most recent examination was directed at the western United States and the role of the federal agencies in meeting its needs. The West is no longer the frontier, but rather contains vibrant cities and booming centers of international trade, as well as tourism, mineral, and oil and gas development, agricultural, and other development. In this changing environment, federal water policies need to consider the long term sustainability of the West, provide justice to Indian tribes, protect the rivers and ecosystems on which natural systems depend, balance the needs of newcomers with those of agricultural users and communities, and meet a myriad of other demands. The Western Water Policy Review Advisory Commission has just concluded its review of these issues and issued its report. Key among the recommendations is the need to coordinate federal agencies at the basin and watershed level and make government more responsive to local needs, but within a framework that includes national mandates. The Commission's recommendations are presented here, along with some of the issues that surrounded the operations of the Commission.     

THE NATIONAL WATER COMMISSION REVISITED1

ABSTRACT: In 1973 the National Water Commission concluded its five-year study of national water policy by issuing a massive report containing over 200 recommendations for improvements in the way the Nation deals with its water resources. The Carter Administration is now engaged in another water policy review which incorporates many of the policies espoused by the National Water Commission. In this paper, presented at the 13th American Water Resources Conference in Tucson in November of 1977, the author describes the work of the National Water Commission and the actions taken on its recommendations.     

STATE WATER PLANNING: A FORUM FOR PROACTWELY RESOLVING WATER POLICY DISPUTES1

ABSTRACT: In the arid West, the development and implementation of water policy often results in disputes among water users, resource managers, and policy makers. Although significant attempts have been made to improve public involvement and dispute resolution in water resources planning, the traditional planning process has not historically played this role for a variety of reasons. Water resources planning can become a forum for proactively resolving water policy disputes by employing the principles of environmental dispute resolution. The purpose of this article is to explore the role of collaborative, consensus-building planning processes in resolving water policy disputes. The Montana State Water Plan is evaluated as an example of such a process, and a model state water planning process is outlined.     

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.     

COOPERATION IN WATER RESOURCES PROGRAMS: ALASKA'S EXAMPLE1

ABSTRACT: Alaska possesses a diversity and magnitude of water resources unmatched in any other state. With over 15% of the area of the whole United States, and 40% of the nation's total fresh water supply, but an extreme lack of basic hydrologic and climatologic data, cooperation among agencies and individuals concerned with evaluating, planning, and carrying out water resources programs is essential. Toward this end, the Inter-Agency Technical Committee for Alaska (IATCA) was established under charter from the Water Resources Council. Representation in IATCA includes virtually all Federal, State, and academic entities in Alaska having an interest in the water resources of the State. Existence of IATCA has permitted or facilitated numerous Alaskan water resources programs. Several are described briefly in this paper: A flood warning network in the Chena River basin; establishment of the Caribou-Poker Creeks Research Watershed in Central Alaska; preparation and periodic updating of the “Ten-Year Plan for Water Resources Data Acquisition”; current planning for an integrated “real-time reporting network” for hydrometeorological data within the State; and a framework for implementation of the Alaskan phase of the National Water Resources Assessment, currently in the initial phases. Accomplishments to date testify that it is indeed possible to “get it all together” in the broad field of “Water Resources” in the largest of our 50 states.     

WATER MANAGEMENT ISSUES FOR THE NINETIES1

ABSTRACT: This paper summarizes contemporary water management issues as recognized by 19 U.S. organizations. Only the issues are identified herein. Individual organization stands are not presented. Most suggestions for action are those of the author. Addresses of all organizations whose documents were reviewed are included in the Reference section so that those desiring to learn more about an organization's stand can readily make contact.     

OREGON WATER QUALITY INDEX A TOOL FOR EVALUATING WATER QUALITY MANAGEMENT EFFECTIVENESS1

ABSTRACT: The Oregon Water Quality Index (OWQI) is a single number that expresses water quality by integrating measurements of eight water quality variables (temperature, dissolved oxygen, biochemical oxygen demand, pH, ammonia+nitrate nitrogen, total phosphorus, total solids, and fecal coliform). Its purpose is to provide a simple and concise method for expressing the ambient water quality of Oregon's streams for general recreational use, including fishing and swimming. The OWQI, originally developed in the 1970s, has been updated based upon improved understanding about water quality behavior. This report describes the historical basis of the OWQI and defines the improved design of the present OWQI. The index allows users to easily interpret data and relate overall water quality variation to variations in specific categories of impairment. This report demonstrates the value of the OWQI in presenting spatial and temporal water quality information. The OWQI improves comprehension of general water quality issues, communicates water quality status, and illustrates the need for and effectiveness of protective practices.     

ACCOMMODATING CHANGE OF BACTERIAL INDICATORS IN LONG TERM WATER QUALITY DATASETS1

ABSTRACT: In 1996, the State of Oregon adopted a water quality standard based on Escherichia coli (E. coli), recognizing E. coli as an indicator of pathogenic potential. The Oregon Department of Environmental Quality (DEQ) began analysis for E. coli that same year. The Oregon DEQ continued collection and analysis of fecal coliform (a prior indicator organism) for data input to bacterial loading models and the Oregon Water Quality Index (OWQI). The OWQI is a primary indicator of general water quality for the Oregon DEQ and the Oregon Progress Board. The objective of this study was to develop a regression relationship between fecal coliform and E. coli. This relationship would fill data gaps and extend water quality models and indicators. Water quality policy is better informed by the ability of these extended water quality models to determine whether water quality meets present or would have met past bacterial standards. Monitoring resources spent on dual bacterial analyses could be conserved. This study also showed that changes to OWQI values (as a result of changing bacterial indicators) were minimal, and corresponded to improved characterization of water quality with respect to pathogenic potential.     

Water management in the world of globalization

Water management is changing its paradigm. The millennia of economic indoctrination are to be replaced by the logic of ecology. The economic sector satisfying the demands for water and water‐related services guided until now by its own ideology and institutions, is gradually becoming an integral part of environmental protection and eco‐economy. Within the great diversity of national water policies, efforts towards sustainability are a dominant common objective. Discussions of the World Water Fora and other initiatives indicate that ecologically oriented water management is the emerging new challenge for achieving this objective. Ecological orientation emphasizes the unified system of the world water balance processes as transmitters of various human impacts leading to economic externalities. Water management is becoming a component of the processes of globalization primarily through its externalities requiring a comprehensive informational infrastructure as well as adequate institutional competence for their management. The paper analyzes fundamental features of the conceptual models incorporating such informational and institutional arrangements. The outlook of water is inseparably tied to the world order of the future, and water management in the world of globalization can either promote a genuine worldwide collaboration or can become a source of dangerous international tensions and conflicts.     

COUNTY COMMISSIONERS' WATER KNOWLEDGE1

ABSTRACT: This study examines the social construction of county commissioners' knowledge about water. Factors that influence what commissioners know about water include each commissioner's personal characteristics, education, experience in natural resources management, involvement in policy making, and use and evaluation of various sources of information. This study focused on county commissioners representing rural, mixed, and urban counties in Arizona, Nevada, and Utah and collected data through mail surveys and interviews. County commissioners in the survey were well educated; however, few had taken college courses directly addressing technical, management, or legal aspects of water issues. Approximately one-third had direct experience in farming and ranching; nearly two-thirds indicated that farming and ranching played a major role in their communities. Respondents had experience with a broad range of water policy issues. In evaluating thirteen information sources in terms of their frequency of use, relevancy, and reliability, respondents assessed fellow commissioners and local government staff and managers most positively and nonprofit organizations most negatively. The media was also broadly rated as less relevant and reliable than other sources of information. The commissioners in the study expressed a high level of general concern about water issues and a strung preference for local sources of information.     

SOCIOLOGICAL ASPECTS OF WATER DEVELOPMENT1

Decisions to develop water resources systems so far have been primarily taken on the basis of engineering and economic feasibilities. Very rarely, if ever, sociological feasibility has been considered, except in a very broad sense. Planning is for the people, and it should improve the quality of life. Hence, it is argued that water resources decisions ought to be primarily social ones, and that the success or failure of any resource development should not only be judged by its techno-economic excellence but also by its impact on people. Water resources planning process is discussed, and the difficulties associated with the evaluation of sociological feasibility of projects are enumerated. The social consequences of water development projects are traced through planning, construction, operation and management impacts. Finally, it is suggested that the foremost factor in the success of any water management program is the public understanding and acceptance of that program.     

OBJECTIVES AND CONSTRAINTS IN FEDERAL WATER RESOURCES PLANNING1

ABSTRACT: The Water Resources Council's Principles and Standards stipulate that plans should be formulated to meet national, regional, state, and local needs or problems. It is not clear, however, how appropriate consideration can be given to both national objectives (NED and EQ) and local needs and problems. Two methods of incorporating national objectives and local problem solving into water resources planning are examined. They are plan formulation primarily in pursuit of national objectives, and plan formulation to solve local problems, but constrained by national objectives. The first of these methods is the approach which is becoming increasingly explicit in the development and elaboration of the Water Resources Council's Principles and Standards. The analysis indicates that the Water Resources Council's approach is neither the most practical nor the most desirable of the two methods examined. It creates unnecessary difficulties and fails to achieve its purpose. Plan formulation to solve local problems, but constrained by national objectives not only describes what field planners actually do, but is also more practial and more desirable.     

THE EFFECTS OF WATER RESOURCES DEVELOPMENT ON ESTUARINE ENVIRONMENTS1

ABSTRACT. The Texas Water Development Board, the principal water resource planning agency of the State, has been conducting extensive estuarine data collection activities and associated research to determine the required quantity and quality of fresh water inflows necessary to maintain various environmental conditions in Texas estuaries to preserve the estuarine ecosystems. These activities are a consequence of a statutory directive to the Board to make provisions in its State Water Plan for the effects of upstream water resource development on the associated estuaries. This paper reports on the results of the first phase of an extensive estuarine research project. The objectives of the research project are to (1) define the interrelationships between estuarine ecosystems and fresh water and nutrient inflows, and (2) develop and test quantitative simulation techniques which describe these relationships. In order to accomplish the first objective, physical and chemical water quality data and biological data on the estuarine ecosystems are being collected, compiled and analyzed. The second objective is being satisfied by the development of hydrodynamic and ecologic simulation models of the estuarine environment.