Assessing Ecological Integrity of Ozark Rivers to Determine Suitability for Protective Status

Preservation of extraordinary natural resources, protection of water quality, and restoration of impaired waters require a strategy to identify and protect least-disturbed streams and rivers. We applied two objective, quantitative methods to determine stream ecological integrity of headwater reaches of 10 Ozark rivers, 5 with Wild and Scenic River federal protective status. Thirty-four variables representing macroinvertebrate and fish assemblage characteristics, in-stream habitat, riparian vegetation, water quality, and watershed attributes were quantified for each river and analyzed using two multivariate approaches. The first approach, cluster and discriminant analyses, identified two groups of river with only one variable (% forested watershed) reliably distinguishing groups. Our second approach employed ordinal scaling to compare variables for each river to conceptually ideal conditions that were developed as a composite of optimal attributes among the 10 rivers. The composite distance of each river from ideal was then calculated using a unidimensional ranking technique. Two rivers without Wild and Scenic River designation ranked highest relative to ideal (highest ecological integrity), and two others, also without designation, ranked most distant from ideal (lowest ecological integrity). Fish density, number of intolerant fish species, and invertebrate density were influential biotic variables for scaling. Contributing physical variables included riparian forest cover, water nitrate concentration, water turbidity, percentage of forested watershed, percentage of private land ownership, and road density. These methods provide a framework for refinement and application in other regions to facilitate the process of establishing least-disturbed reference conditions and identifying rivers for protection and restoration.     

Critical habitat designation: Is it prudent?

The critical habitat provision of the US Endangered Species Act was believed by many to be a key feature of the Act. It was believed that this provision would benefit federally listed endangered and threatened species. However, only 23% of the listed species in the United States have their critical habitats designated. The current trend is to forego critical habitat designation because the federal government believes that the Endangered Species Act can protect most listed species without resort to the critical habitat provision. Required publication of critical habitat locations in theFederal Register may draw vandals and collectors to rare species. In other cases, existing habitat protection already provides adequate protection for species. In a few instances critical habitat changes over time and is difficult to delineate. Lastly, designating critical habitat is time consuming, delays species listing, and is controversial, detracting from the positive image of the Endangered Species Act.     

QUANTIFICATION OF INSTREAM FLOW NEEDS OF A WILD AND SCENIC RIVER FOR WATER RIGHTS LITIGATION1

ABSTRACT: The lower 4 miles of the Red River, a tributary of the Rio Grande in northern New Mexico, was designated as one of the “instant” components of the National Wild and Scenic River System in 1968. The Bureau of Land Management (BLM), as the managing agency of the wild and scenic river, was a participant in a general water rights adjudication of the Red River stream system. The BLM sought a federal reserved water right and asserted a claim to the instream flows necessary to protect and maintain the values of the river. Instream flows are not recognized under New Mexico water law. Instream flow requirements were determined by several methods to quantify the claims made by the United States for a federal reserved water right under the Wild and Scenic Rivers Act. The scenic (aesthetic), recreational, and fish and wildlife values are the purposes for which instream flow requirements were claimed. Since water quality is related to these values, instream flows for waste transport and protection of water quality were also included in the claim. The U.S. Fish and Wildlife Service's Instream Flow Incremental Methodology was used to quantify the relationship between various flow regimes and fish habitat. Experience in this litigation indicates the importance of using state-of-the-art methodologies in quantifying instream flow claims. The incremental methodology held up well under technical and legal scrutiny and is an example of the latest methodology that was applied successfully in an adjudication. On February 23, 1984, the parties involved in the adjudication entered a precedential stipulation recognizing a federal reserved right to instream flows for the Red River component of the National Wild and Scenic River System.     

A river might run through it again: criteria for consideration of dam removal and interim lessons from California

Resource managers are increasingly being challenged by stakeholder groups to consider dam removal as a policy option and as a tool for watershed management. As more dam owners face high maintenance costs, and rivers as spawning grounds for anadromous fish become increasingly valuable, dam removal may provide the greatest net benefit to society. This article reviews the impact of Endangered Species Act listings for anadromous fish and recent shifts in the Federal Energy Regulatory Commission's hydropower benefit-costs analysis and discusses their implications for dam removal in California. We propose evaluative criteria for consideration of dam removal and apply them to two case studies: the Daguerre and Englebright Dams on the Yuba River and the Scott and Van Horne Dams on the South Eel River, California.     

MODELING INSTREAM RECREATIONAL BENEFITS1

ABSTRACT: A basic problem in the management of rivers has been how to balance the tradeoffs between instream and out-of-stream uses. Traditionally, the problem has been addressed by optimizing the economic benefits of flow diversions and regulated releases with instream uses as a flow constraint. An alternative method is to model the effect different river flows have on various recreational uses (e.g., boating, fishing) and then use the results as an additional function or piece of information to determine river project operations and benefits. A methodology that is based on multiobjective decision theory and that relates instream recreational preferences to river flow is proposed. The methodology consists of determining, standardizing, and combining recreational benefit functions, and incorporating potential sources of uncertainty into an estimate of total instream benefits. Thus different types of flow patterns, resulting from reservoir regulation (out-of-stream water uses), can be analyzed to determine their potential instream impact. The methodology is applied to the New River Gorge, West Virginia, which has been designated as a National River.     

SALINITY ISSUES AND WATER DEVELOPMENT IN THE GREEN RIVER BASIN,WYOMING1

Water development in the Green River Basin of Wyoming is projected to increase salinity downstream in the Green River and Colorado River, and thereby increase salinity costs to users of water from these two rivers. Despite these water quality and economic impacts to downstream water users, Wyoming will probably be able to develop its currently unused but allocated water supplies of the Green River Basin. The Colorado River Compact and Upper Colorado River Basin Compact are binding, and protect Wyoming's share of the Colorado River System waters for future use. The argument that water may be used to greater profit downstream is not sufficient to reduce Wyoming's allocation. In addition, the no-injury rule under the appropriation doctrine of law does not appear to protect prior downstream appropriations from increasing salinity in this case.     

THE RELATIONSHIP BETWEEN COMMERCIAL AND RECREATIONAL USE OF NAVIGATION LOCKS ON THE UPPER MISSISSIPPI RIVER1

ABSTRACT Navigation locks on the Upper Mississippi River currently receive heavy use from both commercial barge traffic and recreational craft. Multiple regression analysis of lockage statistics suggests a critical level may exist, below which barge traffic volume has little impact on recreational lock use, but above which it physically constrains recreational lockage. The capacity of the Upper Mississippi River for lock chambers at Alton, Illinois. This may adversely impact recreational use of locks by raising commercial traffic levels above the critical level at several other locks on the river.     

Riverbanks and the law: The arbitrary nature of river boundaries in New South Wales,Australia

Key aspects of environmental management exist within a legislative framework. The Rivers and Foreshores Improvement Act 1948 (NSW) and several Regional Environmental Plans created under the Environmental Planning and Assessment Act 1979 (NSW) make reference to ‘the top of the bank’ for defining areas of protected land adjacent to rivers, within which development consent may be required. It is an arbitrary term and its use within the Rivers and Foreshores Improvement Act 1948 (NSW) leads to confusion. This paper examines the range of definitions of ‘the top of the bank’ in respect of natural watercourses and aims to provide a more lucid and effective definition that will clarify existing ambiguities in legal interpretation. The paper examines the historical origins of the phrase ‘top of the bank’, finding that stereotyped Eurocentric views of what a river ‘should look like’ have impaired the legal definition for Australian rivers, thereby influencing common law and the development of statutory definitions. Judicial applications of the phrase ‘top of the bank’ are examined from a geomorphological perspective, demonstrating the misconceptions of the term in a legal context. The paper identifies the existence of widespread support for the need to protect land adjacent to rivers in the interests of environmental, economic and social sustainability. It concludes by calling for legislative reform that is both tailored to the individual site and consistent with overarching goals at the catchment scale.     

Trade-offs between development,culture and conservation – Willingness to pay for tropical river management among urban Australians

Australia’s system of tropical rivers constitutes one of the largest and least changed drainage networks in the world. However increasing demand for water in parts of Australia, along with ongoing drought, is driving pressure to develop these rivers. This paper reports the results of a choice experiment (CE) to assess the benefits of different management strategies for three tropical rivers in northern Australia: the Daly, Mitchell and Fitzroy Rivers. The CE was carried out using a survey mailed to Australian urban populations. The results showed that 90% of Australians were willing to pay a once-off payment for the management of tropical rivers. Respondents who had visited or lived near the rivers were willing to pay more for cultural, recreational and environmental services than those who had not. Respondents classed as ‘developers’, who made up only 4% of the 684 respondents, considered a substantial income from irrigated agriculture as important. Unlike ‘environmentalists’ and ‘neutrals’, ‘developers’ were unwilling to pay for high quality recreational fishing or for having floodplains in good environmental condition. All groups, however, were willing to pay for high cultural values.     

Evaluating the acceptability of recreation rationing policies used on rivers

Research shows that users and managers have different perceptions of acceptable policies that ration or limit recreational use on rivers. The acceptability of seven rationing policies was evaluated using Thurstone's method of paired comparisons, which provided a rank ordering of advance reservation, lottery, first-come/first-served, merit, priority for first time users, zoning, and price. Chi-squared tests were used to determine if users and managers have significantly different levels of acceptability for the policies. River users and managers were found to be significantly different according to their evaluation of advance reservation, zoning, and merit. The results also indicated that river users collectively divide the policies into three categories corresponding to high, moderate, and low levels of acceptability, while river managers divide the policies into two levels corresponding to acceptable and unacceptable.     

RIVER RECREATION: PUBLIC ACCESS VS. RIPARIAN RIGHTS1

ABSTRACT: The issues involved in the conflict between the rights of the public and those of riparian landowners are examined by reviewing the public access situation with regard to inland streams in the State of Virginia. Consideration is given to the legal framework defining access rights and to the attitudes of riparian landowners regarding the access question. Existing provisions of law suggest only limited recognition of public rights, but this law is incompletely developed. A considerably broader concept of public rights could be developed within the existing framework due to the existence of unresolved questions. The analysis of landowner attitudes is based on a survey of a sample of riparian owners chosen from throughout the state. The questionnaire used in the survey contained 123 questions in a variety of areas, including landowners' perceptions of public rights, problems encountered as the result of recreational water use, attitudes toward state designation and protection of scenic rivers, and the acceptability of alternatives for increasing public access. Although the survey results indicate substantial acceptance of the concept of public use, the landowners expressed concern over governmental control of land use and did not indicate a generally acceptable means for increasing public use.     

Minimum Wet‐Season Flows and Levels in Southwest Florida Rivers1

Abstract: Regulation of river flows can result in decreased stage fluctuations and alteration of inundation patterns of floodplain wetlands. However, floodplain inundation has historically not been addressed in most minimum flow determinations. Florida law requires the water management districts of the state to establish minimum flows and levels to protect water bodies from significant harm associated with water withdrawals. The Southwest Florida Water Management District utilizes a 15% reduction in habitat criterion as a threshold for defining significant harm to freshwater segments of rivers. Utilizing a multi‐parameter approach and different habitat measures for seasonal flow periods, the District has recommended minimum flow compliance standards for the Alafia, Myakka and middle Peace rivers. For the high‐flow period, the District utilized a 15% reduction in the number of days of floodplain inundation (a temporal loss) as a significant harm threshold. This approach yielded allowable flow reductions of 8% for the Alafia and Peace rivers during the high‐flow season and a 7% allowable reduction of natural flows on the Myakka River. Comparison of changes in flows associated with temporal and spatial loss thresholds indicated that flow reductions required to effect a 15% spatial loss of habitat on the Alafia, Myakka and middle Peace rivers are higher than those that would yield a 15% temporal loss. This indicates that with respect to natural flow protection, the District’s consideration of temporal reductions in habitat for establishing minimum river flows for seasonal high‐flow periods is more conservative than the use of a spatial loss criterion.     

Diversion of the Ganges Water at Farakka and Its Effects on Salinity in Bangladesh

/ The Ganges River supplies water to the southwest region of Bangladesh mainly through one of its distributaries-the Gorai River. India commissioned a barrage on the Ganges River at Farakka in April 1975 to divert water and make the Bhagirathi-Hooghly River navigable. The diversion has reduced the dry season discharge of the Ganges and Gorai rivers in Bangladesh. Statistical analyses indicate that the changes in the dry season discharge of these rivers are significant. Reduced discharge in the Gorai River has induced accelerated sedimentation and increased salinity in the southwest region of Bangladesh. Empirical analyses demonstrate the relationship between discharge in the Gorai River and salinity. Analyses also determine the requirement of flow for the Ganges and Gorai rivers to keep salinity at threshold limits. Increased salinity has caused negative effects on agriculture, forestry, industry, and drinking water in the southwest region of Bangladesh.KEY WORDS: Bangladesh; Ganges River; Gorai River; Farakka diversion; Salinity     

Protecting the piping plover under section 7 of the endangered species act

Section 7(a)(2) of the Endangered Species Act directs federal agencies to ensure that their actions do not jeopardize the continued existence of endangered and threatened species. The US Fish and Wildlife Service (USFWS) issues jeopardy or nonjeopardy biological opinions on proposed federal actions that affect endangered and threatened species. We summarize several biological opinions issued by the USFWS to protect the threatened piping plover (Charadrius melodus). These opinions address federal actions involving hundreds of piping plovers on the Missouri River system and a few piping plover pairs on short stretches of Atlantic coast beach. Some of these opinions are decisive, but most allow the proposed action to proceed conditional upon a lengthy set of reasonable and prudent alternatives to protect the piping plover. These conditions may prove difficult to track and will add to the workload of the USFWS.     

A combined site proximity and recreation index approach to value natural amenities: an example from a natural resource management region of Murray-Darling Basin

This paper presents a hedonic property price model of rural land in a natural resource management region of the Murray-Darling Basin in Australia. In traditional hedonic models, the marginal value of environmental amenities is estimated using distance to or size of the environmental asset. The approach applied in this study offers the potential for a richer set of information, where environmental assets are described in terms of their 'recreational attractiveness'. The level of recreational attractiveness is represented as latent variables that are based on park facilities and recreational activities offered at each site. For a property in the study area that is 1?km away from the River Murray, moving half a kilometre closer will increase the property price by $245,000, holding every other variable constant at the mean. This value is magnified by $27,000 if the house is in an area where there is high river recreational attractiveness and drops by $14,000 if river recreational attractiveness is low. By including recreational quality indices in a typical hedonic framework that is corrected for spatial dependency, the model is able to capture how individuals value environmental amenities around their homes based on the site's natural characteristics as well as recreational services.     

Protection policy for Hawaii's native wildlife during geothermal energy development

Hawaii possesses abundant geothermal resources and rare native wildlife. Geothermal energy development has not posed a threat to native wildlife in the past, but development potential has recently reached a level at which concern for native wildlife is warranted.Potential geothermal resource areas in Hawaii intersect important native forest and endangered species habitat. The ability of existing laws to constrain development in these areas is in question. State and federal endangered species and environmental reporting laws have little ability to constrain geothermal development on private land. Hawaii's Land Use Law had been viewed by conservationists as protecting natural areas important to native wildlife, but recent decisions of the state Land Board sharply challenge this view.While this dispute was being resolved in the courts, the state legislature passed the Geothermal Subzone Act of 1983. Wildlife value was assessed in the geothermal subzone designation process mandated by this act, but the subzones designated primarily reflected inappropriate developer influence. All areas in which there was developer interest received subzone designation, and no area in which there was no developer interest was subzoned. This overriding emphasis on developer interest violated the intent of the sub-zone act, and trivialized the importance of other assessment criteria, among them native wildlife values.     

RESOLUTION OF ENDANGERED SPECIES ACT ISSUES IN PERMITTING TILE PLATEAU CREEK PIPELINE1

ABSTRACT: This paper describes how a hydrologic model proved to be a valuable tool to help interested parties understand impacts to four threatened and endangered fish species in the Upper Colorado River. In 1994, the Ute Water Conservancy District initiated permitting and design of the Plateau Creek pipeline replacement. The project was considered a major Federal action and therefore subject to the National Environmental Policy Act. Under Section 7 of the Endangered Species Act, the U.S. Fish and Wildlife Service (USFWS) entered the process to develop a Biological Opinion (BO) and determined that the project could potentially impact the endangered fish in the 15‐mile reach of the Colorado River. The Section 7 consultation was directed by a Core Committee comprised of stakeholders in the Upper Colorado River watershed. Hydrologic modeling became the evaluation tool for comparing flow reductions to USFWS target recovery flows and defining make‐up flow requirements to meet those targets. The Colorado River Recovery Implementation Program was designated to provide the make‐up flows. The USFWS released a final BO in December 1997, approving diversions through 2015. An Environmental Impact Statement for the project was completed and the Record of Decision was issued by the Bureau of Land Management in early 1998.     

LAKE AND RWER QUALITY FOR RECREATION MANAGEMENT AND CONTINGENT VALUATION1

ABSTRACT: Accurate valuation of recreational lakes and rivers in contingent valuation (CV) studies requires that the definition of the environmental good being sold meets the requirements of correspondence, proximity, and familiarity. The concept of ‘water quality’ normally used fails to meet these requirements. This paper offers a broader concept of “lake/river quality” - a collection of physical, ecological, and aesthetic characteristics that create the opportunity for recreation, scenic enjoyment, and fish and wildlife propagation - that better describes the characteristics that recreationists value in lakes and rivers. The concept therefore better meets CV requirements and should be the basis for defining environmental improvements and declines to be hypothetically sold in CV surveys.     

Supporting environmental quality: Developing an infrastructure for design

Ten years ago, environmental problems were easy to define: The Hudson and Potomac were polluted; Los Angeles had lousy air; some waste dumps were highly toxic. Solutions were also relatively straightforward: the Clean Air Act for dirty airsheds; the Clean Water Act for dirty rivers; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, better known as Superfund) for hazardous waste sites. Unfortunately, reality is not quite so neat. We now know that we were seeing—and treating—symptoms, not the disease itself.