THE EVOLUTION OF TEXAS WATER LAW AND THE IMPACT OF ADJUDICATION1

Texas' surface water law began its evolution during the Hispanic period of occupance. Later, the English riparian doctrine was adopted, and finally, in the late 1800's, the prior appropriation doctrine was superimposed, resulting in an exceedingly complex dual system. Though the judiciary, legislature, and state water agencies have wrestled with the problem of coordinating these diverse water rights and more accurately delineating and measuring riparian rights and water use since early in this century, until recently all attempts were unsuccessful. The unknown riparian element, in particular, made coordinated and efficient management and administration of the state's surface water resources impossible. Finally, measurable progress toward solution of these problems began in 1967 with passage of the Water Rights Adjudication Act, aimed at identifying all unrecorded surface water rights claims and eventually merging all claims into the permit system. This paper examines the gradual evolution of Texas' curious blend of Hispanic-English riparian rights and later appropriate rights; discusses the resultant problems of water resource administration; and traces the progress of the ongoing water rights adjudication, a lengthy, expensive, and complex procedure, which should eventually make possible more efficient administration of all surface water rights.     

CONJUNCTIVE MANAGEMENT OF WATER RESOURCES IN THE CONTEXT OF TEXAS WATER LAW1

ABSTRACT: This paper examines the critical interaction between existing Texas water law and the state's water resources. Conjunctive use and management of interrelated water resources, though seldom practiced, is generally considered desirable. However, a significant barrier to the coordinated, efficient use and management of water resources is the legal division of water in the various phases of the hydrologic cycle into different classes and recognition of well-defined water rights in the separate phases. Several examples of the problems which relate to, or result from, present Texas water law and which prevent correlated water resource management are discussed. Any substantive revision of Texas law, particularly ground water law, will apparently be difficult to achieve in the immediate future, primarily because of the large number of recognized private water rights and the political power inherent in them. Data necessary for operation of conjunctive management systems are gradually being acquired, and perhaps someday other hydrologic phases can be integrated with surface and ground water. Nevertheless, Texas courts and the legislature have sufficient information on the interrelated hydrologic cycle so that prospective water conflicts should be anticipated and avoided. Great care must be exercised in the recognition of new types of private water rights or extension of existing rights, because this institutional structure, once established, presents a formidable obstacle to desirable revisions of the law.     

GROUNDWATER MANAGEMENT ON THE TEXAS HIGH PLAINS1

ABSTRACT The effects of major water management practices on the pumping requirement from the Ogallala aquifer are discussed. Demand on the aquifer may be reduced as much as 15 percent by recycling irrigation runoff, 25 percent by recycling irrigation runoff and irrigating with water from playas, and 29 percent by recycling irrigation water in combination with irrigation from playas and artificial recharge of playa water to the aquifer. Other practices that can result in more efficient use of precipitation and groundwater are limited irrigation, land forming, soil profile modification, and improved irrigation systems, thereby reducing the pumping demand on the Ogallala. Additional water supplies can possibly be obtained by water harvesting, weather modification, and water importation. Conclusions reached were that the overdraft on the aquifer can be reduced by the application of sound water management practices on an area-wide basis.     

SPATIAL VARIATION OF PRECIPITATION ON THE TEXAS HIGH PLAINS1

ABSTRACT: Space autocorrelation techniques have been used to reveal the nature and spatial distribution of precipitation in the Texas High Plains. Correlation in precipitation amounts varies with both distance and direction, dropping off rapidly with distance, particularly during the warm season. The analyses can be used to estimate storm characteristics in conjunction with a wide variety of problems dealing with irrigation, crop yields, drainage and water supply, and evaluation of artificial weather modification efforts.     

PATTERN OF GROUND-WATER LEVEL DECLINE IN THE HIGH PLAINS AQUIFER NEBRASKA1

ABSTRACT: Ground-water level decline patterns in parts of Nebraska conform to the circular island concept of Bredehoeft et al. (1982), which indicates how water is derived by wells developed in a circular island. If elongated, the center of the island corresponds to a regional ground-water divide while the shoreline corresponds to a regional river. In both versions, ground-water table elevation is a function of recharge and transmissivity. A dynamic equilibrium exists such that the gradient of the water table will convey all recharge to discharge areas. Withdrawals of ground water result initially in mining, with a new equilibrium attained when pumping equals capture. During early development, capture is an important source of water in discharge areas, while mining is more significant in recharge areas. The pattern observed in many areas shows the greatest ground-water level decline in the vicinity of ground-water divides and the steepest gradient near regional rivers. A similar pattern has been observed adjacent to the Arkansas River in south-central Kansas. Similar decline patterns can be modeled for a hypothetical ground-water basin. This is of major importance to water-resource managers because it dictates that management programs be applied to the entire hydrologic system.     

WHO SHOULD MANAGE THE HIGH PLAINS AQUIFER? THE IRRIGATORS' PERSPECTIVE1

ABSTRACT: A state-local partnership exists in Colorado and Kansas with respect to management of the High Plains aquifer. This paper examines 330 irrigators' attitudes about the locus-of-control for different management activities in the High Plains-Ogallala region. Local control was preferred by most irrigators. The local district was most supported for 19 active management activities, whereas the state was favored for eight specific activities, primarily research efforts and water rights administration. Eight activities that had the potential for restricting water use were rejected in that irrigators indicated that no agency should be involved. Kansas and Colorado exhibited statistically significant preference differences for only five management options. A significantly higher percentage of those irrigators who preferred local control believed in sustainable management of the aquifer and aggressive groundwater management, and that their district served their interests.     

ADOPTION OF WATER-SAVING PRACTICES BY IRRIGATORS IN THE HIGH PLAINS1

ABSTRACT: The High Plains has been viewed as an immense garden because of its highly productive agricultural system based on irrigation. But there is concern that the aquifers are being depleted and that the region may be returning to its natural state of a vast shortgrass prairie. Efforts to avoid this scenario and to ensure continued survival of the integrated agribusiness economy focus on conserving water in irrigation. This paper examines the adoption of 39 water-saving practices for ten counties in Kansas, Nebraska, Oklahoma, and Texas. The frequency of adoption was estimated from a survey of 709 irrigators, and the variance was found primarily to be a function of location and secondarily to be influenced by number of wells, type of irrigation system, depth to water, age, and education. Locational differences remained strong even when the influence of secondary factors were controlled.     

CLOUDS AND PRECIPITATION IN THE TEXAS HIGH PLAINS1

A study of the relationship among cloudiness, precipitable water vapor, stability and precipitation is presented for the Texas High Plains. A study of clouds during periods of above-normal rainfall indicates that precipitation during late fall and winter is associated with stratiform clouds which develop in conjunction with cyclonic activity. Spring and summer precipitation is most highly correlated with cumuliform clouds characteristic of convective activity. Investigation of other macroscale atmospheric features indicates that wet periods are further characterized by atmospheric instability and above-normal amounts of precipitable water vapor and water-vapor flux. Dry periods are associated with atmospheric circulation patterns which either serve to cut off the supply of low-level moisture, produce subsidence and consequent atmospheric stability, or both.     

AN ANALYSIS OF RISING IRRIGATION COSTS IN THE GREAT PLAINS1

ABSTRACT: Irrigation costs are rising rapidly on the 32 million acres irrigated with ground water. Ground water levels are declining under about 15 million of those acres adding to increased costs. However, from 1975 to 1982, 75 to 80 percent of increased ground water irrigation costs were due to higher nominal energy prices and interest rates. In real dollars, adjusted for inflation, these costs have risen faster than other irrigation costs and the real rise in commodity prices has been very small. A continuation of rapidly rising costs and slowly rising prices will shorten the economic life of those aquifers experiencing declining water levels. That same condition of prices and costs place all ground water irrigators in a disadvantaged position compared to nonirrigators and could cause a decline in ground water irrigation.     

CONTRASTING WATER QUALITY FROM PAIRED DOMESTIC/PUBLIC SUPPLY WELLS,CENTRAL HIGH PLAINS1

ABSTRACT: Closely located domestic and public supply wells were sampled using identical sampling procedures to allow comparison of water quality associated with well type. Water samples from 15 pairs of wells with similar screened intervals completed in the central High Plains regional aquifer in parts of Kansas, Oklahoma, and Texas were analyzed for more than 200 water quality constituents. No statistically significant differences were observed between the concentrations of naturally‐derived constituents (major ions, trace elements, and radon) in paired wells. However, differences in water quality between paired wells were observed for selected anthropogenic compounds (pesticides and tritium), in that some public supply wells produced water that was more recently recharged and contained constituents derived from surface activities. The presence of recently recharged water and compounds indicative of anthropogenic activities in some public supply wells was likely due to operational variations (pumping rate and pumping cycles), as demonstrated in a particle tracking simulation. Water containing surface‐derived anthropogenic compounds from near the water table was more quickly drawn to high volume public supply wells (less than five years) than domestic wells (greater than 120 years) with small pumping rates. These findings indicate that water quality samples collected from different well types in the same area are not necessarily directly comparable. Sampling domestic wells provides the best broad‐scale assessment of water quality in this aquifer setting because they are less susceptible to localized contamination from near the water table. However, sampling public supply wells better represents the quality of the used resource because of the population served.     

PROBLEMS OF PUBLIC ACCESS TO WATER IN TEXAS LAKES AND STREAMS1

ABSTRACT: Rapidly increasing demand for recreational use of Texas' public waters is resulting in growing conflict between riparian landowners and the public. This paper examines the public access question, certainly one of the most poorly defined and understood areas of Texas water and property law. Since the appropriation acts of the late 1800's, most surface waters are owned by the state, and are held in trust for the benefit of the people. While there is no express statutory authority giving the general public the right to use these waters, there is extensive, if often conflicting, case law recognizing such rights on navigable streams. It is equally well established that the public may not gain access by crossing private property. Definition of public and private rights is complicated by the fact that Texas land grants (with their attendant property rights) have emanated from Spain, Mexico, the Republic of Texas, and the state. Obstacles imposed by riparian landowners to public entry, use and passage, as well as spatial aspects of access, are also considered. Because public access rights are based on the peculiar circumstances of each case, it is difficult to establish general legal principles, and there is almost no reliable information to aid the recreation-seeking public. A clear legislative enunciation of public rights appears politically infeasible at present, the most immediately attainable goal lying in the area of better public education.     

VOTER REACTIONS TO THE 1976 WATER DEVELOPMENT AND QUALITY REFERENDA IN TEXAS1

ABSTRACT: Since 1957, Texans have had the opportunity to vote on eight referenda concerning the allocation of state funds for water resources development and the maintenance of water quality. In 1976, a water development amendment and a water quality amendment were presented simultaneously to the voters of Texas, affording a unique opportunity for electoral-geographic comparison of county-level returns on the two issues. In this paper, cartographic and statistical analyses of the county-level voting outcomes for each referendum are presented. In both cases, the referenda were supported by voters in water-deficient West Texas, especially those counties dependent on irrigated crop production. In contrast, urban voters and East Texans tended to oppose both amendments. However, support for the water quality amendment in the urbanized areas of Dallas-Fort Worth, Austin, and San Antonio enabled this amendment to pass statewide while its counterpart failed. The results highlight the importance of local differences in perceived water policy needs, and in doing so they illustrate that geographical anlaysis of returns from initiatives and referenda is a useful tool for understanding the locational conflicts underlying water resources and other policy efforts.     

EFFECTS OF LAND USE AND TOPOGRAPHY ON SOME WATER QUALITY VARIABLES IN FORESTED EAST TEXAS1

ABSTRACT: Spatial variation of five water quality variables were analyzed using composite water samples collected periodically from eight small watersheds (11.4–71.6 km²) in forested East Texas during 1977 through 1980. Based on 31 observations during the four-year period the average yield of nitrate-nitrite nitrogen (NNN), total kjeldahl nitrogen (TKN), total phosphorus (PO4), chloride (CHL), and total suspended sediment (TSS) were 1.43, 21.96, 3.09, 50.11, and 90.39 ka/ha/yr, respectively. Compared to the water quality standards of the U.S. Environmental Protection Agency (1976) and the Texas Department of Water Resources (1976) for CHL, TSS, and NNN, none of the observations exceeded the limits for public water supplies. The study showed that forested watersheds normally yielded stream flow with better quality than that from agricultural watersheds. Watersheds of greater percent of pasture area, mean slope, stream segment frequency, and drainage density produced greater concentrations for these five chemical parameters in water samples. Meaningful equations were developed for estimating mean average yields for each chemical parameter for each watershed with R² ranging from 0.77 to 0.96 and standard error of estimates from 17 to 33 percent of the observed means.     

VARIABILITY IN ADJUSTMENT PREFERENCES TO GROUNDWATER DEPLETION IN THE AMERICAN HIGH PLAINS1

ABSTRACT: This paper explores the adjustments and institutions that residents of the American High Plains prefer in coping with the depletion of the High Plains (Ogallaia) aquifer. The authors identify 48 possible adjustments and report on public preferences for them as determined from a mail survey of 956 respondents in 14 counties. For purposes of analysis, the adjustments are categorized into five groups: user practices, management policies, financial incentives and disincentives, technological fixes, and other. Preferences were also determined among five levels of government to enforce each of the adjustments. Adjustments associated with user conservation practices were generally most preferred while financial incentives and disincentives were least favored. Local groundwater management agencies were the most favored level of institution to administer conservation adjustments followed by the state, county, and federal levels. The most preferred option for 20 adjustments was that no agency should be involved. Respondents in agriculturally related occupations showed less support for water conservation laws and gave greater acceptance to the continuance of existing methods. Irrigators viewed the increasing cost of lifting water as a more serious problem than the depletion of groundwater.     

WATER CHEMISTRY OF NORTHERN GREAT PLAINS STRIP MINE AND LIVESTOCK WATER IMPOUNDMENTS1

The water from 34 strip mine and 9 livestock water impoundments on the Northern Great Plains was analyzed. In all areas the water was classified as slightly brackish or saline. The dominant ion sequence for the study ponds was Na>Ca>Mg>K and SO₄HCO₃CO₃Cl, which differs from most freshwater by the transposition of Na and SO₄. Even though mean concentrations of total filterable residue were consistently greater in strip mine ponds, statistically significant differences were not found at the p ≤ 0.05 level between strip ponds and livestock ponds. The macronutrients of nitrogen and phosphorus found in the ponds were neither limiting to primary productivity nor excessive for fresh water. Many ponds contain turbid water. Turbidity restricts light penetration and limits photosynthesis besides making the ponds visually unattractive. The source of water for the pond, whether surface runoff or groundwater, seems to have important bearing on turbidity. The most appropriate use of these strip mine ponds is for waterfowl, warm-water fisheries, and other wildlife associated with prairie wetlands. However, even these uses are jeopardized by detrimental concentrations of trace elements in the water (Anderson and Hawkes, 1984).     

WATERLAW AND THE HYDROLOGIC CYCLE: A TEXAS EXAMPLE1

ABSTRACT Scientists usually regard all water as merely passing through, but in different phases of, the endless hydrologic cycle. The law divides water in the cycle into several different classes. Each is treated separately and generally without consideration of interconnections existing within the cycle. Different rules of law have arisen concerning the ownership and use of each legal class. Under Texas law several classes of surface and ground water are recognized, and weather modification efforts bring yet another class, atmospheric moisture, under consideration. It is instructive to follow water moving through the hydrologic cycle in the Nueces River basin, Texas, as a framework for discussing the substantial interconnections between the various legal classes of water and the difficulties that arise from attempts to apply different rules of law to each class. Strictures imposed by Texas water law can seriously interfer with coordinated, efficient use and management of water resources, as evidenced by the Nueces River basin. Well-recognized, existing water rights in the several phases of the hydrologic cycle make change of these institutional constraints difficult to achieve.     

INTERVENTION ANALYSIS OF WATER USE RESTRICTIONS,AUSTIN, TEXAS1

ABSTRACT: Mandatory water conservation in the form of restrictions on outdoor watering, car washing, and recreation was implemented in the City of Austin, Texas, during the summers of 1984 and 1985. Three different stages of restrictions were implemented limiting the number of watering hours per day, as well as a restriction that allowed lawn watering once every five days according to the last digit of the street address, Intervention analysis using a transfer function-noise model of daily water use is applied to assess the impact of the restrictions. Compared to a peak water use rate of about 170 MGD, it is shown that mandatory restrictions in 1984 reduced water use by an average of 13.5 MGD, while similar restrictions during the summer of 1985 reduced usage by an average of 5.5 MGD. Lawn watering restrictions on a five-day cycle produced a corresponding five-day cycle in water use of more than 10 MGD in amplitude in 1985. An alternative lawn watering scheme that eliminates this cycle is prescribed.     

EFFECTS OF LAKE MICHIGAN DIVERSION ON THE WATER CHEMISTRY OF THE ILLINOIS WATERWAY1

: Chemical quality characteristics of the Illinois waterway covering a stretch of 270 river miles were monitored at approximately 10 mile intervals, during the period June to September of 1978 and 1979. A statistical method was used to define the interstation relationships for the chemical parameters. These mathematical models were used to predict the effects of Lake Michigan diversion. The mineral content of the mixed flow resulting from increased diversions are not likely to be altered drastically.     

SIMULATING THE EFFECTS OF REDUCED PRECIPITATION ON GROUND WATER AND STREAMFLOW IN THE NEBRASKA SAND HILLS1

ABSTRACT: The Nebraska Sand Hills have a unique hydrologic system with very little runoff and thick aquifers that constantly supply water to rivers, lakes, and wetlands. A ground water flow model was developed to determine the interactions between ground water and streamflow and to simulate the changes in ground water systems by reduced precipitation. The numerical modeling method includes a water balance model for the vadose zone and MOD‐FLOW for the saturated zone. The modeling results indicated that, between 1979 and 1990, 13 percent of the annual precipitation recharged to the aquifer and annual ground water loss by evapotranspiration (ET) was only about one‐fourth of this recharge. Ground water discharge to rivers accounts for about 96 percent of the streamflow in the Dismal and Middle Loup rivers. When precipitation decreased by half the average amount of the 1979 to 1990 period, the average decline of water table over the study area was 0.89 m, and the streamflow was about 87 percent of the present rate. This decline of the water table results in significant reductions in ET directly from ground water and so a significant portion of the streamflow is maintained by capture of the salvaged ET.     

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.