STATE WATER LAW REFORM: IDENTIFYING LEGAL AND MANAGERIAL ISSUES AND OPTIONS1

ABSTRACT: Statutory and case law at the state level provide critical legal frameworks for water management. As many state governments struggle to improve efficiency in water management and resolve conflicts over water usage, they must continually assess the efficacy of their state water law. Most states have water laws that are disconnected and overlapping. This article presents a methodology to assess state water law and take first steps toward a comprehensive state water resources act. The methodology is driven by issues and conflicts in water management. It synthesizes management and legal analyses into a process that incorporates the diverse perspectives of state water stakeholders. The results of the analysis are identification of management issues, profiles of state water law, and explorations of legal options that are available to the state government. Illinois is provided as a case study for this methodology.     

THE IMPACT OF ENERGY DEVELOPMENT JN THE TONGUE RIVER BASIN,SOUTHEASTERN MONTANA1

ABSTRACT: Southeastern Montana's Tongue River basin is experiencing rapid development of its extensive coal deposits. This development has a significant impact on the basin's hydrologic systems. Ground water flow is disrupted by mining and its quality degraded. Mine mouth conversion of the coal involves consumption of large amounts of water at the expense of downstream UBCTS, creating several water conflicts. Allocation of Tongue River water has favored agricultural users, and re-allocation is difficult.     

WATER-ENERGY LINKAGES IN NEBRASKA1

ABSTRACT Nebraska is well endowed with water, particularly groundwater, but has few fossil fuel reserves. However, it is located adjacent to states which have almost no water but have enormous quantities of coal and oil shale. Recent court cases facilitate the movement of water from water-rich states such as Nebraska to water-short states, such as Colorado and Wyoming. The possibility of an energy-water partnership exists and raise numerous policy questions. Within Nebraska, energy consumption patterns are similar to those of the nation's, with consumption of electricity in the agricultural sector growing fastest. Water consumption in the state is dominated by agriculture, and future development of groundwater for irrigation is expected to be intense. Although water and energy are both factors of economic production, an equivalent amount of water consumption provides more jobs in the energy industries than in agriculture. Water and energy are also interdependent. Each is required to produce the other and conservation of one will cause conservation of the other. If both agriculture and electricity are involved, such as in irrigation, the conservation effects are synergistic. Current water policy in Nebraska is biased toward agriculture relative to the energy industries and provides little incentive for water conservation. Given recent court cases and economic conditions, the advantages and disadvantages of the sale of water for export or the use of water with Wyoming coal for energy development need to be compared systematically with those of using water only for agriculture.     

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.     

RESOLVING INTERSTATE WATER CONFLICTS IN THE EASTERN UNITED STATES: THE RE-EMERGENCE OF THE FEDERAL-INTERSTATE COMPACT1

ABSTRACT: As population growth occurs in regions of the eastern United States that do not have abundant water supplies, new transbasin diversions may be required. Such diversions are exceptionally politically divisive and are at the core of most of the interstate water conflicts that presently exist in the eastern states. This study examines alternative means by which these conflicts might be resolved. The strengths and weaknesses of these alternatives are examined. The study concludes that the federal-interstate compact should be the preferred alternative by which interstate water conflicts in the eastern United States are resolved.     

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.     

WATER RIGHTS,ALLOCATION, AND CONFLICTS IN THE TONGUE RIVER BASIN,SOUTHEASTERN MONTANA1

ABSTRACT: Southeastern Montana's Tongue River basin is experienceing rapid development of its extensive coal deposits which is significantly impacting the basin's hydrologic systems. Energy development projects may require more water than is available and threatens to dewater the river, degrade water quality, and endanger aquatic econosystems. The Montana Water Use Act promised to end the uncertainty which has existed in Montana water law. However, serious difficulties have been encountered in implementing the law and Tongue River water rights remain in a state of uncertainty. The Tongue River's water was allocated in 1978 but the division of the river's water is meaningless due to Indian lawsuits and lack of an agreement between Montana and Wyoming concerning the Yellowstone River Compact. Thus water which is hydrologically available may not be legally available.     

WATER MARKETS AND DECENTRALIZED WATER RESOURCES MANAGEMENT: INTERNATIONAL PROBLEMS AND OPPORTUNITIES1

ABSTRACT: Because of its importance and the perceived inability of private sector sources to meet water demands, many countries have depended on the public sector to provide water services for their populations. Yet this has resulted in many inefficient public water projects and in inadequate supplies of good quality and reliable water. Decentralization of water management, including the use of water markets, cannot solve all of these water problems, but it can improve the efficiency of water allocation. When given adequate responsibility and authority, water user associations have effectively taken over water management activities at a savings to tax payers. Moreover, water markets add the potential benefit of improving water efficiency within a sector as well as providing a mechanism for reallocating water among sectors. The key question involves developing innovative mechanisms for reducing the transaction costs of organizing water users and of making water trades. Water rights need to be established which are recorded, tradable, enforceable, and separate from land if markets are to operate effectively. Also, institutions are needed that effectively resolve conflicts over water rights, including third party impacts and water quality concerns.     

JUDICIAL RESOLUTION OF TRANSBOUNDARY WATER CONFLICTS 1

ABSTRACT: Transboundary water conflicts occur under four circumstances. Because water is mobile, more than one political unit or owner has power to use water as it sequentially moves through the hydrologic cycle. Even when water doesn't move, jurisdictional conflicts occur because multiple political units regulate water simultaneously. When a river is a boundar uncertainty of ownership or jurisdiction occurs as the river shifts its course through natural processes. Lastly, limitations on who may use water may be imposed by export bans or more indirect measures like taxation. Legal solutions to transboundary conflicts are limited to litigation, legislation, and negotiated agreements. This paper examines the judicial solution.     

CONFLICTS IN ATTAINING NATIONAL GOALS FOR BOTH WATER QUALITY AND ENERGY PRODUCTION1

ABSTRACT: The “policy environment” is defined herein as the institutional setting in which planning is conducted and policy decisions are made with regard to meeting two of the Nation's high priority goals: water quality protection and energy independence. The simultaneous pursuit of these goals has resulted in numerous conflicts among the energy industry, environmentalists, and government. An analysis of selected energy development-water quality conflicts shows that these conflicts can be described in terms of one or more of the following policy environment characteristics: resource scarcity, sense of urgency, lack of experience, administrative complexity, uncertainty about future policies and regulations, technological complexity, and uncertainty about impacts. These characterics provide a useful framework for formulating potential strategies for the resolution of energy development-water quality conflicts.     

THE SOUTHEAST FLORIDA EXPERIENCE IN RESOLVING DEVELOPMENT AND ENVIRONMENT CONFLICTS1

ABSTRACT: Land development projects that are presumed to have regional impact according to the Florida Land and Water Management Act of 1972 are forced to minimize adverse environmental impact through a detailed procedure called Application for Development Approval (ADA). In Southeast Florida, as part of this review process, the water-supply and flooding conflicts must be resolved with the regional water management agency, Central and South Florida Flood Control District (FCD). This paper discusses the efforts to resolve these two conflicts for a large proposed residential development in Broward County, Florida. The project, as envisioned by Leadership Housing, Inc., places 25,000 dwelling units on the 3,960-acre site. The project is located in a flood prone area of the Hillsboro Canal Basin and is at the northwest edge of the Biscayne Aquifer. Significant land modification is required to flood-proof the project. The water-supply conflict was resolved only when the FCD was assured that the ultimate water demand for the project was balanced by the natural recharge to the site. Significant water-resources studies were required to produce these conflict resolutions.     

WATER USE CONFLICT NEAR MADISON,NEBRASKA1

ABSTRACT: Nebraska statutes give first preference for use of ground water to domestic purposes, second to agriculture, and third to manufacturing or industrial purposes. Rapid growth in the number of irrigation wells has caused an increasing number of water use conflicts. One such conflict arose from the installation and use of an irrigation well near Madison in Madison County, Nebraska. Pumping from the irrigation well coincided with head declines in nearby domestic wells screened in the same sand and gravel, but appeared unrelated to water level changes in wells screened in a higher saturated sand. A drawdown-recovery test was performed to determine the degree of hydraulic connection between the wells involved. Operation of the irrigation well was determined to be the cause of the head decline in nearby domestic wells screened in the same sand and gravel. Partly as a result of this conflict, legislation recently introduced into the state legislature would require that wells of higher preference be “reasonably” constructed if wells of lower preference are to be held liable for head loss.     

国际河流的水事矛盾与水权讨论

分析了国际河流的水事矛盾，讨论了水权、水权与主权的关系、水权的作用与意义，提出应用水权理论解决国际河流水事矛盾的建议。     

THE ECONOMIC EFFECTS OF CHANGES IN WATER USE IN THE TUCSON BASIN,ARIZONA1

ABSTRACT: The ground water in the Tucson basin is being drawn faster than it is replenished by nature. The water table is falling, giving rise to several conflicts between water users in the basin. At present, several lawsuits are in progress, including an action by the Papago Tribe against some of the major water users in the basin. Largely because of these difficulties, the State Legislature has established a commission to make proposals for the reform of Arizona's ground water law. The pattern of water use in the basin will undoubtedly be changed by the outcome of the present litigation and the coming reform of Arizona's ground water law. This paper describes how water use in the basin might be affected by changes in the availability of water and gives an account of the effects that these changes in water use could have on the region's economy. The paper concludes that the water problems of the Tucson basin will have little effect on the region at large and that these problems are simply a matter for the Indians and the other water users in the basin to sort out amongst themselves.     

FACTORS INVOLVED IN EVALUATING GROUND WATER IMPACTS OF DEEP COAL MINE DRAINAGE1

ABSTRACT: The determination of probable ground water impacts of proposed deep coal mining is required as part of permit applications. Impact prediction generally involves well production test analysis and modeling of ground water systems associated with coal seams. Well production tests are often complicated due to the relatively low permeabilities of sandstones and shales of ground water systems. The effects of the release of water stored within finite diameter production wells must be considered. Well storage capacity appreciably affects early well production test time drawdown or time recovery data. Low pumping rates, limited cones of depression, and length of required pumping periods ate important well production test design factors. Coal seam ground water system models are usually multilayered and leaky artesian. Mine drafts partially penetrate the ground water system. Simulation of coal mine drainage often involves the horizontal permeability and storage coefficient of the coal seam zone, vertical permeabilities of sandstones and shales (aquitard) above and below the coal seam zone, and the hydrologic properties of the source bed above the aqultard overlying the coal seam zone. Ground water level declines in both the coal seam zone and source bed near land surface are necessary factors in impact analysis. An example of evaluation studies in southwest Indiana will illustrate factors involved in deep coal mine drainage modeling efforts.     

THE IMPORTANCE OF PERCEPTIONS IN THE DETERMINATION OF INDIAN WATER RIGHTS1

ABSTRACT The American Indian occupies a unique place in the federal system of government There are indications that this relationship will continue and that Indian reservations are at the threshold of economic development. As this occurs, the nature and extent of Indian water rights becomes more important to Indian and non-Indian alike. The determination of these rights is a matter of more than judicial decisions. To a large degree the determination of these rights will rest in the non-judicial arena and will be influenced by the perceptions of those rights held by Indians and water allocation officials, both state and federal. If the perceptions of these political actors are not congruent, then political conflict will occur as the rights become more important. To depend solely upon the judicial system to resolve these conflicts entails risks and costs to both Indians and to allocating officials. Indians are taking seriously the federal policy of Indian self-determination, and water allocation officials run decided risks in failure to realize this. An alternative suggested is to include Indians as consulting parties when decisions are being made that affect Indian interests.     

Water farms and transfer conflicts in Arizona,USA: A proposed resolution process

Water is a relatively scarce resource in Arizona, especially since the recent urban growth booms of Phoenix and Tucson. Arizona's 1980 Groundwater Management Act was the precursor to current water-transfer conflicts between urban buyers, rural farmers, and third parties. Water farms are bought with the intention to transfer their appurtenant groundwater to the two major metropolitan areas. As water markets have emerged, differing values and public interest issues have become apparent, while the state legislature attempts to resolve inequities. Site-specific transfer disputes, as well as policy-making conflicts, offer suitable situations for a mediation process. Equity- and efficiency-based criteria are suggested as the basis for resolving water-transfer conflicts, and a mediation process is proposed. However, third parties must develop an agenda, and a balance of power should be attained before mediation can effectively forge an agreement on water-transfer policies. The attainment of statewide policies generated through a mediated process has the potential to expand long-range regional water planning and management.     

LOCAL OPPOSITION TO THE TRANSFER OF WATER SUPPLIES:AN OKLAHOMA CASE STUDY1

Interregional conflicts over the allocation and transfer of water supplies have occurred with increasing frequency in the contemporary United States. This paper presents the results of a case study of citizen opposition to a proposal to transfer water supplies within Oklahoma. Residents of the area adjacent to Lake Tenkiller in eastern Oklahoma were surveyed concerning their reactions to a proposal of the City of Tulsa to transfer large volumes of water from the reservoir to the city. Results of the survey indicated that a community based concern for preserving local water levels transcended individual self-interests in maintaining Tenkiller's water levels. The results support the recently developed concept of “turf politics,” which suggests that regional and community based considerations tend to dominate interregional locational conflict resolution.     

Assessing equity and sustainability of water allocation in Colombia

Based on the national database of 28,104 water rights (concessions) granted in Colombia, this paper presents an analysis of how the principles of equity and sustainability are reflected in water allocation. Concessions appear to be an exclusionary mechanism since only a minority of small water users have concessions and the distribution of water volumes among those who have them is extremely inequitable. The 2009 Gini coefficient calculated for water concessions granted for agriculture was 0.90 compared with the rural land Gini of 0.88 (both indicators grouping holdings under the same entity). More than half of the Colombian departments have a higher Gini coefficient for water than for land, suggesting that water rights are at least as unequally distributed as land, in one of the most inequitable countries in Latin America. Water allocated to domestic, agriculture and hydropower use indicates a lack of consistency of water allocation criteria across regions. The volumetric and administrative attributes of water allocation in Colombia do not account for environmental flows or the concerns of marginalised groups of society that have limited access to the mechanism. Water allocation as a technical task, with limited transparency and secluded from public scrutiny, does not contribute to the solution of increasing water-related conflicts.     

RESOURCE DEMANDS FOR ENERGY DEVELOPMENT IN THE YELLOWSTONE RIVER BASIN1

ABSTRACT: This paper reports on the development of a mathematical model for forecasting energy development in the Yellowstone study area for the years 1985 and 2000, and determining the associated economic demands for water, land, labor, capital, and mineral resources. The study was prepared for use by the Missouri River Basin Commission in conducting a comprehensive, “Level B” planning study of the water and related land resources in the Yellowstone River Basin. The study results indicate that the amount of coal development in the Yellowstone study area will depend primarily upon state and federal energy policies and regulations. Policies related to slurry pipeline transportation of coal will be particularly important in determining the level and pattern of future energy development in the area. Coal production under the “most probable” scenario is expected to increase from about 40 million tons in 1976 to 163 million tons per year by 1985, and 513 million tons in the year 2000. Consumptive water use for energy development in the study area could be as much as 556,000 acre-feet per year by the year 2000 (under the high scenario). A parametric analysis was conducted on the 1985 most probably scenario to determine the influence on the study results of variations in the delivered price of water. Water requirements were reduced by nearly one-fourth as water costs increased from zero to over $750 per acre-foot.