TRANSITIONS IN MIDWESTERN GROUND WATER LAW1

ABSTRACT: The evolution of ground-water law in eight states in the Midwest (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) is examined, and a review of transitions in ground-water doctrines is presented. Two underlying themes in changing ground-water management are communicated. First, ground-water law is evolving from private property rules of capture based on the absolute ownership doctrines to rules requiring conservation and sharing of ground water as a public resource. Second, in both courts and state legislatures, a proactive role of ground-water management is emerging, again, with an emphasis on sharing. Both of these trends are apparent in the Midwest. In the last decade midwestern states have (1) seen significant shifts in court decisions on ground-water use with greater recognition of the reciprocal or mutually dependent nature of ground-water rights, and (2) seen increased legislative development of comprehensive ground-water management statutes that emphasize the reciprocal liabilities of ground-water use. These trends are examined and ground-water management programs discussed for eight states in the Midwest.     

INFLUENCING WATER LEGISLATWE DEVELOPMENT WHAT TO DO AND WHAT TO AVOID1

ABSTRACT: Whomever would affect water policy development must influence the water legislative process. This paper discusses in the context of the Model State Water Allocation Code the following ten ideas about doing that: (1) seek the right timing for enactment; (2) set modest goals; (3) prepare a well-drafted proposal; (4) recognize diversity by offering legislative choices; (5) consider the impacts of adoption; (6) make alliances; (7) respect executive influence; (8) become involved in legislative interaction; (9) be flexible; and (10) persist. Heeding these ideas, although not guaranteeing enactment, is sure to be educational for participants and useful to legislators.     

WESTERN WATER RESOURCES: THE DESERT IS BLOOMING,BUT WILL IT CONTINUE?1

ABSTRACT: The arid Southwest of the United States is confronted with increasing water demands and a limited resource. Past efforts to meet water demand have been directed toward development of scarce water resources. While development programs have been successful in stretching available supply, few feasible development options remain. Furthermore, heavy water utilization has affected water quality within drainage basins. It seems likely that water management will play a much more significant role in water resource allocation in the future. This paper will examine water development activity in the Southwest to date. Attention will be given to several of the problems that have arisen. The paper will then examine water management options. Particular attention will be given to water management options being implemented in the State of Arizona.     

WATER YIELD IMPROVEMENT BY VEGETATION MANAGEMENT1

ABSTRACT: Vegetation management aimed at increasing the amount of usable water yield from precipitation falling on upstream watersheds may be one alternative for supplementing water supplies. Indications are that water yields can be increased within a multiple-use framework, which can benefit or at least be compatible with other natural resource objectives. Through changes in vegetation on a watershed, it is possible to reduce evaporation losses only slightly but significantly increase streamflow runoff. In an assessment of potentials for water yield improvement in Arizona, experimental studies on various vegetation zones are reviewed. Because of either limited acreage or limited rainfall, the alpine, grassland, aspen, and desert shrub vegetation zones are not realistic management areas for Arizona. Furthermore, manipulation of pinyon-juniper woodlands does not appear promising at this time. Conversion of chaparral to grasses and forbs does appear to be a possible treatment for water yield improvement, as well as various silvicultural treatments of mixed conifer and ponderosa pine forests. Streamflow increases are given for experiments in chaparral, mixed conifer, and ponderosa pine vegetation zones. However, complete information on possible constraints for these zones is not currently available. Specific assessment of water yield management options for riparian vegetation is difficult to make, due to incomplete knowledge of water yield changes and other constraints for this vegetation zone. Prior to the final adoption of management practices, results of experimental work must be coupled with economic and social considerations.     

AN ECONOMIC ASSESSMENT OF GROUND WATER RECHARGE IN THE TUCSON BASIN1

ABSTRACT: Bringing water from Colorado River via the Central Arizona Project was perceived as the sole solution for Tucson Basin's water problem. Soon after Central Arizona Project's water arrived in Tucson in 1992, its quality provoked a quarrel over its use for potable purposes. A significant outcome of that quarrel was the enactment of the 1995 Proposition 200. The Proposition 200 precludes the use of Central Arizona Project's water for potable purposes, unless it is treated. Yet, it encourages using it for non‐potable purposes and for replenishing the Tucson aquifer through recharge. This paper examines the economic issues involved in utilizing Central Arizona Project's water for recharge. Four planning scenarios were designed to measure and compare the costs and benefits with and without Central Arizona Project's water recharge. Cost‐benefit analysis was utilized to measure recharge costs and benefits and to derive a rough estimate of cost savings from preventing land subsidence. The results indicate that the institutional requirements can be met with Central Arizona Project's water recharge. The economic benefits from reducing pumping cost and saving groundwater are not economically significant. Yet, when combining the use of Central Arizona Project's water for recharge and non‐potable purposes, it demonstrates positive net economic benefits.     

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.     

SIMULATION OF SALTWATER INTRUSION IN VOLUSIA COUNTY,FLORIDA1

ABSTRACT: Volusia County, in east central Florida, comprises approximately 1,200 square miles situated between the St. Johns River and the Atlantic Ocean. Most of the County is underlain by a three-aquifer system. Population centers in Volusia County, which create a large water demand, are located near the coast. Saltwater intrusion into the ground water near these population centers has led to relocation of public water supply wells further inland. Regional management of the county's water resources commissioned construction of a three-dimensional computer model of the county. Predevelopment simulation results were used as initial conditions for the development simulations, which included well discharge data. The predevelopment model calibration consisted of reproducing field-determined potentiometric surfaces. As part of the calibration process, sensitivity analyses were performed on boundary conditions, recharge rates, permeability, and leakage properties. Results of the model study indicate the utility of computer models as a management tool for the complex ground-water system in Volusia County.     

POSSIBLE DIVERSION OF MISSISSIPPI RIVER WATER TO TEXAS AND NEW MEXICO1

ABSTRACT .A summary is presented of remarks made at a conference held at Louisiana Tech University on the possibility of diverting some of the Mississippi River water to Texas and New Mexico. The Texas Water Plan which has initiated the diversion possibility is discussed and particular reference is made to the activities of the federal and state agencies directly responsible for determining various aspects of the diversion study. These agencies include the Texas Water Development Board, Texas Water Quality Board, Louisiana Department of Public Works, State Engineer's Office of New Mexico, Mississippi River Commission, and the Bureau of Reclamation.     

关于固体废物污染环境防治法修改的研究思考

2019年6月,《中华人民共和国固体废物污染环境防治法（修订草案）》（以下简称草案）经国务院审议通过,并初次提请全国人大常委会审议。草案修订力度之大,值得充分肯定。同时,草案还存在不少提升空间,需要进一步深入研究。本文以习近平生态文明思想为引领,按照中央全面依法治国委员会第二次会议提出的加强立法统筹、立改废释并举要求,剖析了当前我国固体废物环境管理及其立法修法中面临的挑战,以及存在的突出问题;并从明确固废污染防治立法原则、强化政府统筹管理、明确各部门职责、强化区域统筹、完善跨区域转移监管机制、统筹国内外相关法律法规及政策文件等方面提出了完善草案的建议,以期为我国固废管理决策和草案修改提供参考。     

EVALUATION OF AN INDUCED INFILTRATION MODEL AS APPLIED TO GLACIAL AQUIFER SYSTEMS1

ABSTRACT: Numerical models were used to examine the limitations of the assumptions used in an analytical induced infiltration model. The assumptions tested included negligible streambed effects, negligible areal recharge, two-dimensional ground water flow, fully penetrating rivers and wells, and constant surface water stage. For situations that deviate from the underlying assumptions, the analytical model becomes a less reliable predictor of induced infiltration. The numerical experiments show that streambed effects cannot be neglected if the streambed conductivity is more than one order of magnitude lower than the aquifer hydraulic conductivity. Areal recharge cannot be neglected if the ground water basin receives more than 5 in/yr of areal recharge. Three-dimensional flow effects due to well partial penetration cannot be neglected if the ratio of horizontal hydraulic conductivity to vertical hydraulic conductivity (K_h/K_u) is greater than 10. Surface water elevation fluctuations can significantly influence the induced infiltration rate, depending on the degree of fluctuations and the ground water hydraulic gradient.     

A STUDY OF COASTAL POLLUTION AND AGENCY INTERFACE1

ABSTRACT: The 26-mile man-made beach bordering part of Mississippi's Gulf Coast and the contiguous Mississippi Sound waters provide an important recreational and tourist attraction for that area. Being the tourist nucleus for the State, announcements in September 1973 by the Mississippi Air and Water Pollution Control Commission and the State Board of Health that Sound waters had reached a level of pollution that made them potentially dangerous for body contact was met with a myriad of responses. The resulting multi-governmental, multi-agency interface that resulted in trying to deal with the situation highlighted the type of problems that can arise when social, economic, political, and legal forces come to bear on a sensitive area. Questions of jurisdictional and legal authority to act, tourist industry economic pressures, and water quality testing and monitoring procedures were representative of the type of problems that arose during this period. A retrospective analysis of this problem served to isolate the type of articulation that is essential between federal, state, and local agencies vested with responsibilities such as monitoring water quality, protecting public health, etc. This paper develops some of the interface complexities that emerged in dealing with this problem and makes selected recommendations for other areas that may potentially face similar situations.     

The Food Allergy Risk Management in the EU Labelling Legislation

Food allergy represents an increasing public health issue, and a large number of food control authorities have provided regulations aimed to minimize the risk of allergic reaction for sensitized consumers. The Food and Agriculture Organization of the United Nations together with the World Health Organization established the Codex Alimentarius Commission whose main goal is to protect the consumers’ health. To purse this task the Commission listed the foods and ingredients causing the most severe allergic reactions that should be labelled. It has been reported that some cases of specific foods hypersensitivity display a different prevalence among different Countries. Thus, the European Union drew up a list of mandatory allergens (that must be labelled) longer than that provided by Codex Alimentarius. As a consequence of the complexity of the legal phraseology of the European Union (EU) and/or European Community (EC) the Regulations and/or Directives were differently translated in all EC/EU official languages determining possible misinterpretations of the legislation. Moreover, food labelling regulations were also established with the goal to promote the consumers’ conscious choice about what they eat. Starting from the case of the fermented beverages, we analysed the European legislative scenario concerning the allergen labelling of the last fifteen years, highlighting that mistranslations, misinterpretations and lack of information in the EU Regulations might lead to health and ethical issues.     

DEVELOPMENT OF FEDERAL RESERVE RIGHTS1

ABSTRACT: The concept that has been termed “Indian Rights to Water” is one manifestation of the area of federal reserved rights that is a major concern of states in arid regions. The federal reserved rights are those that are reserved in fact or by implication in federal actions, acts, reservations, and treaties. Federal actions include such things as navigation improvement and flood control projects. The Federal Court System, since the Civil War has been promulgating, developing, and protecting federal reserved water rights. The development of those rights can be traced from early cases through the landmark cases such as U.S. v. Rio Grande and Irrigation Co. (1899); Winters v. U.S. (1908) with the origin of the Winters' Doctrine of Indian Rights; Federal Power Commission v. Oregon, commonly called the Pelton Dam Case (1955); Arizona v. California (1963); U.S. v. District Court for Eagle County (1971); to existing suits on surface water sources such as that on appeal in regard to reserved federal water rights on the Truckee River. It can be shown that the federal position has been consistent through all the years in that the federal rights have been protected, expanded, developed, and preserved in a more or less predictable manner.     

Local IWRM organizations for groundwater regulation: The experiences of the Aquifer Management Councils (COTAS) in Guanajuato, Mexico

Evidence of groundwater management by aquifer users emerging under Integrated Water Resources Management (IWRM) initiatives is presented, by analyzing the Consejos Técnicos de Aguas (COTAS; Technical Water Councils or Aquifer Management Councils) in the state of Guanajuato, Mexico, established between 1998 and 2000 by the Guanajuato State Water Commission (CEAG). Two contrasting models influenced this attempt to promote user self-regulation of groundwater extractions: locally autonomous aquifer organizations with powers to regulate groundwater extractions versus aquifer organizations with advisory powers only. The COTAS were conceived as locally autonomous IWRM organizations consisting of all aquifer users that would work together to reduce groundwater over-extraction and stabilize aquifer levels, at a later stage. CEAG followed an expedient IWRM approach to develop the COTAS, setting achievable targets for their development and explicitly focusing on active stakeholder participation. The article shows that, due to struggles between the state and federal levels, the COTAS have become advisory bodies that have not led to reductions in groundwater extractions. It concludes that achieving user self-regulation of groundwater extractions requires a fuller delegation of responsibilities to the COTAS which would not be possible without addressing the institutional struggles over water governance at the state and federal levels.     

Regional planning acceptance by residents of Northern New York,USA

This study compares the effectiveness of two regional planning agencies in terms of public support for various planning activities. The Adirondack Park Agency and the Temporary State Commission on Tug Hill have fundamentally different approaches to planning. The Adirondack Park Agency has implemented a restrictive regulatory program with little citizen participation by Adirondack residents. The Tug Hill Commission has implemented an advisory and coordinating program with an emphasis on public input. Residents of two towns in each region were surveyed to determine environmental concern and support for regional planning activities. Respondents from both regions favored a planning agency that incorporates citizen input; controls air, water, and toxic waste pollution; and develops recreation areas. They strongly opposed an agency that regulates private land-use. Basic demographic characteristics and levels of environmental concern were similar in all four towns, but receptivity to various planning activities was consistently greater among residents of the Tug Hill Region. Paired comparisons of the four towns demonstrated no differences between towns of the same region and significant differences between towns of different regions. Public support for regional planning is greater in the Tug Hill Region than in the Adirondack Park.     

HISTORY OF THE FEDERAL-STATE COOPERATIVE WATER RESOURCES RESEARCH INSTITUTE PROGRAM1

ABSTRACT: This paper presents a condensed history of the State Water Resources Research Institute Program, which evolved from the Water Resources Research Act of 1964, as amended, the Water Research and Development Act of 1978, Public Law (P.L.) 96–457, and the Water Research and Development Act of 1984. These laws authorized the following components of the Institute Program: (1) the annual allotment and matching grants program for the Institutes, and (2) the additional and saline water research programs for organizations in addition to the State Water Resources Research Institutes. The paper covers the legislative history of the Institute Program and reviews authorized and appropriated funds for the program from fiscal year 1965 to fiscal year 1986. It also discusses the Institutes’role in conducting and sponsoring water-resources research and development, training of scientists and engineers, and coordinating, disseminating, and transferring water-research results. The State Water Resources Research Program has been administered by the Office of Water Resources Research (OWRR) (1964–1974), the Office of Water Research and Technology (OWRT) (1974–1982), the Office of Water Policy (OWP) (1982–1983), and the U.S. Geological Survey (USGS) (1983-present).     

Impacts on industry of Europe's emerging chemicals policy REACh

For Europe, a new regime in chemicals regulation is about to start. After the proposal of the European Commission concerning the Registration, Evaluation and Authorization of Chemicals (REACh) passed its readings in the European Parliament and some differences with the European Council of Ministers were resolved, the regulation will come into force in June 2007. This paper is focused on the question how serious the cost burdens for industry induced by REACh will be, and whether the New European Member States (NMS) which joined the European Union in May 2004 will be able to cope with the regulation. This evaluation has been done by assessing the legislative, administrative and economic framework in New Member States and by analysing real business cases in companies. The empirical showcase business impact studies are at the same time of interest for companies of EU-15 states, other European countries who may implement the regulation, and even for exporters of raw materials and chemicals outside Europe, who will also have to comply with REACh if they market in the European Community. The results give no indications that REACh adoption will bring significant drawbacks to companies in the NMS. The emerging regulation will bring challenges for individual companies, especially for small and medium-sized ones, but for the European chemical industry as a whole, there is no question that it will be able to cope with REACh burdens without losing its global competitiveness.     

MULTISOURCE/MULTIQUALITY AGRICULTURAL WATER USE DECISIONMAKING1

ABSTRACT: The importation of water into an existing irrigated agricultural area raises many questions about farm profitability and suggests many adjustment alternatives open to farmers. In particular, how will farmers respond to a new additional water source of differing cost, availability, and quality? Mathematical programming models of representative irrigated farms in Pinal County, Arizona, were developed to project agricultural adjustments to new water from the Central Arizona Project now under construction. The techniques developed have broad application to similar water resource projects involving the conjunctive use of multiple water sources of differing qualities. Regional agricultural activities are described by defining and modeling multiple representative farms which account for economies due to size and different water sources of differing price and quality. Various management schemes can be evaluated by properly selected representative farm models.     

THE USE OF LANDSAT IMAGERY IN GROUND WATER EXPLORATION1

ABSTRACT: Water supplies in Arizona are becoming increasingly limited because municipal, industrial, and agricultural consumption depletes ground water reserves by three million acre-feet annually. Additional demands are being created by electric power generation, particularly in northeastern Arizona where ground water pumpage is expected to escalate by sixfold during the next 10 years. The results of a study to determine the ease and feasibility of using satellite imagery as a tool in exploring for new sources of ground water are reported. Lineaments detected on Landsat images of two sites were mapped and correlated with well data in the two study areas by means of well centered grid model. The correlations developed between lineament density and water well data in the two study sites support the hypothesis that a relationship exists between regional geologic structure and the presence of ground water.     

Resources policy and mine closure in South Africa: The case of the Free State Goldfields

There is increasing international pressure to ensure that mining development is aligned with local and national development objectives. In South Africa, legislation requires mining companies to produce Social and Labour Plans, which are aimed at addressing local developmental concerns. Against the background of the new mining legislation in South Africa, this paper evaluates attempts to address mine downscaling in the Free State Goldfields over the past two decades. The analysis shows that despite an improved legislative environment, the outcomes in respect of integrated planning are disappointing, owing mainly to a lack of trust and government incapacity to enact the new legislation. It is argued that legislative changes and a national response in respect of mine downscaling are required.