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 Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state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.     

A CRITIQUE OF WATERSHED MANAGEMENT EFFORTS IN THE LOWER MISSISSIPPI ALLUVIAL PLAIN1

ABSTRACT: Integrated watershed management in the Lower Mississippi Alluvial Plain (Delta) requires blending federal, state, and local authority. The federal government has preeminent authority over interstate navigable waters. Conversely, state and local governments have authority vital for comprehensive watershed management. In the Delta, integrating three broad legal and administrative regimes: (1) flood control, (2) agricultural watershed management, and (3) natural resources and environmental management, is vital for comprehensive intrastate watershed, and interstate river basin management. Federal Mississippi River flood control projects incorporated previous state and local efforts. Similarly, federal agricultural programs in the River's tributary headwaters adopted watershed management and were integrated into flood control efforts. These legal and administrative regimes implement national policy largely in cooperation with and through technical and financial assistance to local agencies such as levee commissions and soil and water conservation districts. This administrative infrastructure could address new national concerns such as nonpoint source pollution which require a watershed scale management approach. However, the natural resources and environmental management regime lacks a local administrative infrastructure. Many governmental and non governmental coordinating organizations have recently formed to address this shortcoming in the Delta. With federal and state leadership and support, these organizations could provide mechanisms to better integrate natural resources and environmental issues into the Delta's existing local administrative infrastructure.     

FEDERAL SUBSIDY OF IRRIGATION DEVELOPMENT1

ABSTRACT: The Congress of the United States has been concerned about public lands from the earliest days of this republic. The importance of irrigation on these public lands was explicitly noted with enactment of the Carey Act of 1884. This was reinforced with the passage in 1902 of “An Act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands.” This Act further specified that land so irrigated would be entered under the provisions of the Homestead Laws and developed in units of not less than 40 nor more than 160 acres. The enforcement of the 160 acre limitation has been reinforced by several recent lawsuits. These have reaffirmed the provisions of the Reclamation Law requiring owners receiving water from Federal projects to sell land in excess of 160 acres. While there have been Federal subsidies involved in the development of irrigation in the western states, the total amount of the subsidies are insignificant compared to the total Federal budget and the size of subsidies under other Federal programs. Thus, the real question in enforcing the 160 acre limitation may well be one of land reform rather than the distribution of Federal subsidies.     

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.     

INTEGRATING DIFFUSEINONPOINT POLLUTION CONTROL AND WATER BODY RESTORATION INTO WATERSHED MANAGEMENT1

ABSTRACT: The objective of water quality/watershed management is attainment of water quality goals specified by the Clean Water Act. The Total Maximal Daily Load (TMDL) planning process is a tool to set up watershed management. However, TMDL methodologies and concepts have several problems, including determination of Loading Capacity for only low flow critical periods that preclude consideration of wet weather sources in water quality management. Research is needed to develop watershed pollutant loading and receiving waters Loading Capacity models that will link wet and dry weather pollution loads to the probability of the exceedence of water quality standards. The long term impact of traditional Best Management Practices as well as ponds and wetlands, must be reassessed to consider long term accumulation of conservative toxic compounds. Socioeconomic research should focus on providing information on economic and social feasibility of implementation of additional controls in water quality limited watersheds.     

Hydrological Connectivity Between Headwater Streams and Downstream Waters: How Science Can Inform Policy1

Abstract: In January 2001, the U.S. Supreme Court ruled that the U.S. Army Corps of Engineers exceeded its statutory authority by asserting Clean Water Act (CWA) jurisdiction over non‐navigable, isolated, intrastate waters based solely on their use by migratory birds. The Supreme Court’s majority opinion addressed broader issues of CWA jurisdiction by implying that the CWA intended some “connection” to navigability and that isolated waters need a “significant nexus” to navigable waters to be jurisdictional. Subsequent to this decision (SWANCC), there have been many lawsuits challenging CWA jurisdiction, many of which are focused on headwater, intermittent, and ephemeral streams. To inform the legal and policy debate surrounding this issue, we present information on the geographic distribution of headwater streams and intermittent and ephemeral streams throughout the U.S., summarize major findings from the scientific literature in considering hydrological connectivity between headwater streams and downstream waters, and relate the scientific information presented to policy issues surrounding the scope of waters protected under the CWA. Headwater streams comprise approximately 53% (2,900,000 km) of the total stream length in the U.S., excluding Alaska, and intermittent and ephemeral streams comprise approximately 59% (3,200,000 km) of the total stream length and approximately 50% (1,460,000 km) of the headwater stream length in the U.S., excluding Alaska. Hillslopes, headwater streams, and downstream waters are best described as individual elements of integrated hydrological systems. Hydrological connectivity allows for the exchange of mass, momentum, energy, and organisms longitudinally, laterally, vertically, and temporally between headwater streams and downstream waters. Via hydrological connectivity, headwater, intermittent and ephemeral streams cumulatively contribute to the functional integrity of downstream waters; hydrologically and ecologically, they are a part of the tributary system. As this debate continues, scientific input from multiple fields will be important for policymaking at the federal, state, and local levels and to inform water resource management regardless of the level at which those decisions are being made. Strengthening the interface between science, policy, and public participation is critical if we are going to achieve effective water resource management.     

AGRICULTURAL LEGISLATION'S POTENTIAL IN REDUCING DISCHARGE OF POLLUTANTS1

ABSTRACT: Agricultural lands (including most forest lands) make up almost four-fifths of the total land area of the United States and include, or are traversed by, perhaps an equal proportion of our ground and surface waters. Therefore, a very large part of our environment is directly “agriculture-related” in any consideration of the discharge of pollutants. Several important Federal and State laws relate to the control or abatement of agriculture-related pollution. Existing legislation generally mandates the control or abatement of pollution (from point or nonpoint sources) or authorizes the use use of public funds or other resources for such purposes. Some of these laws can be effective instruments in keeping pollutants from being discharged into surface or ground waters or into the air, but the degree to which some pollutants originating from agricultural lands and operations constitute a serious environmental hazard in waters remains controversial. Although most of the technology exists to reduce greatly the movement of these pollutants, investments are often required which benefit the nonfarm public without economic returns to the farmer. Whether a zero discharge is either an environmentally or economically feasible alternative to more limited or selective control, is explored. However, if the public is willing to bear its reasonable share of the cost for clean air and water, the needed basic legislation already largely exists. Under it, agricultural land holders may apply program standards and use their own and available program resources to bring about effective control or abatement of pollutants.     

Temporal Trends in the Spatial Distribution of Impervious Cover Relative to Stream Location

Use of impervious cover is transitioning from an indicator of surface water condition to one that also guides and informs watershed planning and management, including Clean Water Act (33 U.S.C. §1251 et seq.) reporting. Whether it is for understanding surface water condition or planning and management, impervious cover is most commonly expressed as summary measurement (e.g., percentage watershed in impervious cover). We use the National Land Cover Database to estimate impervious cover in the vicinity of surface waters for three time periods (2001, 2006, 2011). We also compare impervious cover in the vicinity of surface waters to watershed summary estimates of impervious cover for classifying the spatial pattern of impervious cover. Between 2001 and 2011, surface water shorelines (streams and water bodies) in the vicinity of impervious cover increased nearly 10,000 km. Across all time periods, approximately 27% of the watersheds in the continental United States had proximally distributed impervious cover, i.e., the percentage of impervious cover in the vicinity of surface waters was higher than its watershed summary expression. We discuss how impervious cover spatial pattern can be used to inform watershed planning and management, including reporting under the Clean Water Act.     

CREATING MEANINGFUL STAKEHOLDER INVOLVEMENT IN WATERSHED PLANNING IN PIERCE COUNTY,WASHINGTON1

ABSTRACT: Since 1989, the government of Pierce County, Washington, has prepared four watershed action plans. The watersheds cover almost 800,000 acres and include about 600,000 residents and diverse land uses, from the city of Tacoma to Mount Rainier National Park. The primary purpose of these plans was to address water quality impacts from nonpoint sources of pollution and to protect beneficial uses of water. Pierce County has experienced problems such as shellfish bed closures and the Federal Clean Water Act Section 303(d) listing of local water bodies as a result of declining water quality. Pierce County achieved improvements by engaging diverse groups of stakeholders in generating solutions to nonpoint sources of water pollution through our watershed planning process. Using participatory methods borrowed from private industry, Pierce County was able to reach consensus, build trust, maximize participation, facilitate learning, encourage creativity, develop partnerships, shorten time frames for the planning processes, and increase the level of commitment participants had to implementing the plans. As a result, the earliest plans have a high rate of voluntary implementation. This indicates that the process and methodology used to develop watershed plans has a significant, if not critical, impact on their success.     

A Nationally Consistent NHDPlus Framework for Identifying Interstate Waters: Implications for Integrated Assessments and Interjurisdictional TMDLs

The US Environmental Protection Agency’s (EPA’s) Total Maximum Daily Loads (TMDL) program promotes nationally consistent approaches for documenting the progress in restoring impaired waters. EPA’s TMDL program provides tracking systems comprising both database and geographic information systems (GIS) mapping components. The GIS mapping is implemented using the National Hydrography Dataset (NHD). The EPA and the US Geological Survey have developed an enhanced NHD product (NHDPlus) that is applied in this study to define an interstate waters framework for the conterminous United States. This NHDPlus-based framework provides an efficient watershed-oriented approach for selecting interstate waters. Greater consistency in approaches for interstate waters is essential for providing improved techniques for integrated assessment and management programs. Improved analysis tools for interstate waters are clearly important from a federal perspective. Insights based on tools for federal interstate waters are also of interest for state water quality agencies when they deal with complicated interjurisdictional challenges that can require leveraging support from a wide range of stakeholders. Summaries are provided on the degree of consistency documented for inland waters where states have provided TMDL listing GIS information for shared interstate NHD reaches, and summaries are provided on the patterns for interstate assessments organized according to the ecoregions developed for EPA’s Wadeable Streams Assessment. The relevance of this interstate waters framework in leveraging the TMDL program to provide enhanced support for watershed oriented management approaches is also explored.     

ENVIRONMENTAL AND ECONOMIC DAMAGE CAUSED BY SEDIMENT FROM AGRICULTURAL NONPOINT SOURCES1

Environmental and economic damages caused by agricultural nonpoint source inputs of sediment and associated pollutants are examined. Widespread water quality problems are identified in lakes, rivers, and estuaries in agricultural areas, and billions of dollars of on-site and offsite costs result from this eroded soil every year. Some water bodies have been irretrievably damaged, and expensive rehabilitation programs are needed to remedy in-place water pollution problems if Clean Water Act goals are to be achieved. Unless effective abatement and rehabilitation programs are established, billions of dollars of benefits to future generations will not be realized as more waters become irretrievably damaged, and billions more will continue to be spent by government to treat symptoms of these sediment-related problems.     

Conservation‐Induced Wastewater Flow Reductions Improve Nitrogen Removal: Evidence from New York City1

Abstract: Water resources are under increasing pressure to meet potable supply needs while sustaining aquatic ecosystems and fisheries. Growing populations and enforcement of the Total Maximum Daily Load provisions of the Clean Water Act present public water and wastewater utilities with costly options to meet potable water demands and reduce pollutant discharges into receiving waters. This paper documents that New York City’s comprehensive water conservation program – designed to extend the city’s safe yield of potable water—has also resulted in reduced nitrogen discharges from the city’s water pollution control plants during a period of population increases. This paper demonstrates and quantifies the effects that wastewater inflow volume reductions have on increased nitrogen removal, controlling for plant process changes. Conservation programs have saved the city billions of dollars in delayed or avoided capital improvements to both water and wastewater treatment plants, and have enabled the city to meet interim effluent discharge standards.     

The Role of Headwater Streams in Downstream Water Quality1

Abstract: Knowledge of headwater influences on the water‐quality and flow conditions of downstream waters is essential to water‐resource management at all governmental levels; this includes recent court decisions on the jurisdiction of the Federal Clean Water Act (CWA) over upland areas that contribute to larger downstream water bodies. We review current watershed research and use a water‐quality model to investigate headwater influences on downstream receiving waters. Our evaluations demonstrate the intrinsic connections of headwaters to landscape processes and downstream waters through their influence on the supply, transport, and fate of water and solutes in watersheds. Hydrological processes in headwater catchments control the recharge of subsurface water stores, flow paths, and residence times of water throughout landscapes. The dynamic coupling of hydrological and biogeochemical processes in upland streams further controls the chemical form, timing, and longitudinal distances of solute transport to downstream waters. We apply the spatially explicit, mass‐balance watershed model SPARROW to consider transport and transformations of water and nutrients throughout stream networks in the northeastern United States. We simulate fluxes of nitrogen, a primary nutrient that is a water‐quality concern for acidification of streams and lakes and eutrophication of coastal waters, and refine the model structure to include literature observations of nitrogen removal in streams and lakes. We quantify nitrogen transport from headwaters to downstream navigable waters, where headwaters are defined within the model as first‐order, perennial streams that include flow and nitrogen contributions from smaller, intermittent and ephemeral streams. We find that first‐order headwaters contribute approximately 70% of the mean‐annual water volume and 65% of the nitrogen flux in second‐order streams. Their contributions to mean water volume and nitrogen flux decline only marginally to about 55% and 40% in fourth‐ and higher‐order rivers that include navigable waters and their tributaries. These results underscore the profound influence that headwater areas have on shaping downstream water quantity and water quality. The results have relevance to water‐resource management and regulatory decisions and potentially broaden understanding of the spatial extent of Federal CWA jurisdiction in U.S. waters.     

Evolving policies to regulate pollution from animal feeding operations

Due to concentrations of animals at large facilities, animal feeding operations (AFOs) have emerged as a major potential source of water pollution. The federal government regulates concentrated animal feeding operations under its point-source pollution permitting regulations. A major determinant of whether an operation must apply for a permit is the number of animals at an individual lot or facility. This paper examines federal mandatory controls and voluntary guidelines that seek to reduce contaminant pollution from AFOs. Land treatment practices are delineated due to their importance in reducing the injurious by-products of agricultural production. An evaluation of proposed revisions to federal regulations on confined animal feeding operations suggests they diverge from their goal of controlling water pollution. Federal regulations focus on the size of operation and amount of manure governed by the permitting process to the exclusion of other criteria related to the impairment of water quality. Given the uncertainties about the amount of pollution from AFOs, lack of enforcement of existing regulations, localization of problems, and possible alternatives for addressing the pollution, more demanding federal regulations may not form an appropriate response.     

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.     

PUBLIC PERCEPTIONS OF WATER QUALITY IN A METROPOLITAN AREA1

ABSTRACT: A survey of public-perception of water quality problems in the Atlanta, Georgia metropolitan area was undertaken in 1970, using a 1594 case probability sample of households in Fulton and DeKalb Counties. The survey showed that 2/3 of the population considered water quality problems serious or critical, and 56 percent thought they were getting worse. A stronger enforcement role for the State and increased expenditures for improved treatment facilities were favored by 3/4 of the population. Both industries and municipalities were considered major contributors to water pollution. Those most familiar with the water quality situation considered the problem more serious and getting worse than did the remainder of the population. Perceptual variables were far more important as explanatory factors than were any demographic variables.     

Water Quality Management in the Asia-Pacific Region*

A survey by means of questionnaire was undertaken by ESCAP to determine the current status of water quality management in the region. The questionnaire was designed to determine the severity and extent of water quality problems, the major contributors to water pollution, the problems created by such pollution and the actions being taken to correct them. The survey found that there was widespread awareness of the need for water quality management and that many countries had passed legislation to ensure that such management was practised. Unfortunately, the financial resources needed for enforcement of the laws enacted were often lacking.     

The Pollution Prevention Act of 1990: A Policy Whose Time Has Come or Symbolic Legislation?

/ In 1990, the United States officially entered the era of pollution prevention with passage of the Pollution Prevention Act. This paper analyzes EPA's implementation of the Pollution Prevention Act from its passage in 1990 to the present. It examines the barriers EPA must overcome if it is to effectively integrate pollution prevention into its existing regulatory structure, including impediments created by statutory and organizational structure, the existing relationship between EPA and the groups it regulates, the fragmented implementation scheme of national environmental regulation, the balancing of conflicting demands advanced by powerful interests, industry's economic and technical concerns, and institutional inertia. It also examines issues such as industry commitment, the limits of prevention, and measurement concerns. The findings suggest that EPA's efforts at shifting to a pollution prevention regulatory ethic that holds primacy over pollution control are mixed. Its organizational structure, statutory authority, and incentives system still reflect a single-medium pollution control focus, appropriations for pollution prevention programs and activities are paltry compared to traditional pollution control programs, and participation in the program is voluntary. Yet, the findings also point to some promising programs that are working to institutionalize a pollution prevention regulatory ethic, and many states appear very committed to the concept.KEY WORDS: Pollution prevention; Source reduction; Pollution control; Alternative regulatory design; Barriers to implementation     

水行政执法中违法建筑的探究与化解路径

强化水行政执法制度建设,推进河道违建专项整治旨在恢复水生态环境、促进水生态文明建设。河道违法建筑作为一种“顽疾”,破坏水生态环境、影响防洪排涝,存在严重的安全隐患。通过完善涉水法律法规,以河长办与政府部门协调联动执法为主,提升水行政执法人员执法水平与加大法治教育宣传力度为辅,确立司法强制为保障的多元方式,妥善地处理违法建筑,恢复和保护水生态环境。     

WATER QUALITY SIMULATION AND PUBLIC LAW 92–500 Case Study: Southwestern Illinois1

ABSTRACT: Section 208 of the Federal Water Pollution Control Act Amendments of 1972 has provided the Southwestern Illinois Metropolitan and Regional Planning Commission (SIMAPC) with a unique opportunity for comprehensive planning of the region's water quality. SIMAPC initiated the 208 study by researching available technology for the analysis of point and nonpoint sources of pollution and establishing criteria by which to judge the various technniques. This led to SIMAPC'S choice of continuous simulation of stream and reservoir water quality as the most appropriate analytical tool for their needs. A continuous simulation model was calibrated and verified on three basins in the SIMPAC region. It was then used to produce load source analysis, pollution event frequency analysis, and pollution event duration analysis for ten pollutants under existing stream conditions and then under alternative future conditions. These results enabled the weighting of pollutant sources, analysis of the effectiveness of control measures, and quantitative analysis of the marginal benefit of each alternative.