WATER AND WATER RIGHTS TRANSFERS: A NEW POLICY FOR NEBRASKA1

ABSTRACT: Nebraska has abundant supplies of high quality surface and ground water. The U.S. Supreme Court decision in 1982, declaring ground water to be an article of commerce, is widely perceived as giving neighboring states easier access to Nebraska water. Some neighboring states, particularly Colorado and Wyoming, are in water short situations. Additionally, current legal restrictions on certain types of transfers within the State could be inhibiting the “highest and best use” of Nebraska's water. Thus, in 1987 the Nebraska Legislature called for the development of a new water policy for Nebraska that would promote the economically efficient use of water, yet protect the environment as well as the rights of individuals (for example, third parties) and the public. Through an interagency study employing an extensive public involvement process, a policy to be recommended to the Legislature in 1989 emerged. The policy revises the basic definition of water rights and transfers and eliminates most of the inconsistencies in the water allocation system by treating most types of water resources, most types of water users, and most locations of use similarly in the permitting process. (The principal exception is the individual irrigator using ground water on the overlying land where overlying land is one government surveyed section; such use is not defined to be a transfer nor is a permit required.) An impact assessment would be required of most new water uses except on site uses of ground water. Compensation measures could be specified as a condition of the permit where appropriate. The permit would be issued only if the benefits of the proposed transfer clearly outweigh adverse effects that could not be avoided or effectively compensated. The policy allows for the sale or lease of “salvaged” water. It calls for the State to facilitate transfers by acting as a clearinghouse for potential buyers and sellers, and it allows the State to sponsor water projects. An annual fee to be paid by many water users, in order to provide a fund for compensation and for state sponsored water projects, was proposed. However, it met with extensive opposition. Thus, the policy recommends only that the Legislature examine potential funding programs and equitable user fees.     

IDENTIFYING AND MEASURING POTENTIAL CONFLICT IN WATER INSTITUTIONS1

ABSTRACT: Scarcity combined with differences in values, beliefs, and attitudes can lead to behavior differences and conflicts over water. This paper develops an index for measuring potential conflict using survey information about water attitudes and beliefs of individuals in three groups in a Florida case study. The index helps in assessing the current capability of the institution to reduce conflict. The results suggest that the current institution is effective, but changes may help to streamline the consumptive-use permitting process, to improve educational programs, and to seek improved institutional arrangements to reduce future conflict over economic uses of water.     

ROLE OF IRRIGATION WATER IN AGRICULTURAL PRODUCTION: SOME RESOURCE USE ISSUES1

ABSTRACT: A partial production function for corn that considers the time and amount of water applications is determined. Examples are worked out by using data on site specific parameters for nine soil sites in the Great Plains Region repesenting various combinations of water holding capacity, pan evaporation, and average rainfall. It is found that soils with a low water holding capacity are more water and energy intensive in crop production and thus more vulnerable to fluctuations in net returns due to declining water tables or energy shortages. Despite this, farmers of low water holding capacity soils are likely to opt for irrigation. This points to the existence of a necessary, but sufficient, condition for socially inefficient use of ground water resources. This calls to question the property right concept in water created through the appropriation doctrine and the “law of capture.” This paper indicates the type of analysis that must be undertaken in order to make appropriate changes in laws governing water use.     

ASSESSMENT OF HYDRAULIC PROPERTIES IN AN UNCONFINED ALLUVIAL AQUIFER NEAR GRAND ISLAND,NEBRASKA1

ABSTRACT: A method is presented to analyze time-drawdown data from one or more observation wells for the calculation of four hydraulic parameters for unconfined aquifers: vertical hydraulic conductivity, horizontal hydraulic conductivity, storage coefficient, and specific yield. The hydraulic parameter results are further analyzed for reliability and the possible ranges of the actual parameter values. After verification using a theoretical example, the method was used to analyze pumping test data from 22 observation wells in an unconfined alluvial aquifer near Grand Island, Nebraska. Results indicate that this method can be used to efficiently calculate the four hydraulic parameters in this type of aquifer. The method can also identify the impact of measurement errors on the parameter estimates, and provide ranges of the actual parameter values. The parameter values calculated using this method were compared to those determined using other theories. It is found that this method is very useful for calculating the hydraulic properties from pumping test data and for analyzing the parameter reliability.     

WATER USE REDUCTIONS FROM RETROFIHNG INDOOR WATER FIXTURES1

ABSTRACT: A water use model was developed to estimate water savings from installation of low-flow showerheads and toilet displacement devices in residential housing. The model measures household water use in per capita terms with adjustments for age of occupants, household income, if occupants responsible for direct payment of water bill, and type of water fixtures. Detailed data on 308 single family residences involved with a pilot retrofit program in the Seattle, Washington, area were analyzed. We estimated per capita indoor water use to decline by 6.4 and 2.1 percent from complete installation of low-flow showerheads and toilet displacement devices, respectively.     

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.     

FACTORS FOR PREDICTING COMMERCIAL WATER USE1

ABSTRACT: Growth in the commercial sector of the economy and the increased importance of total waste water volumes in design have created a need for methods of estimating commercial water demand. The results of a multiple correlation analysis and a principal components analysis suggest that commercial water demand is a function of the following three primary constructs: an employee water use factor, a customer layout factor, and a customer water facility factor. Three easily measured variables were used to represent these primary constructs: gross store area, length of display windows, and the number of drinking fountains, respectively. Prediction equations relating water use and the three variables were derived and can be used by planners in estimating commercial water use.     

WATER USE RELATIONSHIPS AND PROJECTION CORRESPONDING WITH REGIONAL GROWTH,SEATTLE REGION1

ABSTRACT: The paper outlines both the methods used and the results obtained in a study of the demand for municipal and industrial water for the Seattle region. The study was made as part of a regional water management study program, one objective of which is to “… identify, quantify, and set priorities for all current and future water uses …”. A basic concept in the study of municipal and industrial water use is that the demand for water is derived from the demand for output and the direct services that water provides. Principal characteristics of the study are: (1) Water use is studied by type - residential, commercial, industrial and public -with identification of factors affecting each; (2) Water demands are studied by season as well as on an annual basis; (3) Projections of future water use are tied directly to projections of economic change in the service area; and (4) The effects of alternative policies on water use are estimated. Water use levels are projected under alternative regional growth assumptions provided by the Puget Sound Governmental Conference, a regional planning agency. Thus, the water use planning is consistent with other regional planning programs in this respect. The results can be varied according to changes in specific factors affecting water use. The factors considered in the present study include: single-family residential lot size, distribution of population between single- and multi-family units, per capita water use by multi-family unit residents, and industrial and commercial water use per employee. An income elasticity of demand was estimated for single-family residential water use.     

LAND USE FUNCTION IN WATER QUALITY MANAGEMENT1

ABSTRACT. The Nation has entered a new era of water quality management in which land use policy and regulation must assume an increasingly important role. The benefits of tertiary and advanced waste treatment may be offset by contradictory land use and pollution from land runoff. Unless land use planning and controls are included in water quality management, land-imposed constraints on water quality can be anticipated. Pollution from major types of land runoff are reviewed with respect to sources, effects, and control procedures. Emphasis is given to land use practices and controls. The crucial issue with regard to the latter is lack of land use policies at federal, state, and local levels. State legislation establishing guidelines and minimum standards for land use regulation by local government is required. The dependency of water quality on land use points to the fallacy of attempting to provide for comprehensive water pollution control outside the context of comprehensive land-water resource planning and management.     

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.     

NEGOTIATION TECHNIQUES TO RESOLVE WESTERN WATER DISPUTES1

ABSTRACT: There is a growing literature on the resolution of natural resources conflicts. Much of it is practical, focusing on guidelines for hands-on negotiation. This literature can be a guide in water conflicts. This is especially true for negotiations over new environmental values such as instream flow. The concepts of competitive, cooperative, and integrative styles of conflict resolution are applied to three cases of water resource bargaining. Lessons for the effective use of these ideas include: break a large number of parties into small working groups, approach value differences in small steps, be cautious in the presence of an attentive public, keep decisions at the local level, and understand the opponent's interests.     

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 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.     

IDENTIFICATION OF MONTHLY TRENDS IN URBAN WATER USE1

ABSTRACT: Monthly water use for the period 1960–1984 for the Columbus, Ohio, metropolitan area is analyzed to identify differential monthly trends in growth of water use. By associating water use activities with the identified trend months, inferences may be made as to the possible underlying causes of the observed trend in overall water use. Three methods were found useful in determining monthly trends: 1) regression analysis on the monthly percentage of annual use, 2) regression analysis on the monthly water use data itself, and 3) analysis of the slope of the monthly water use regression line. Agreement between the three methods is strong, but each provides some insight not found in the others. All three should be used in drawing final conclusions. For the case study, usage in the Winter months January-April has grown considerably relative to the other months, while the Summer-Fall months of June, August, September, and October show a relative decline. A possible explanation for the trend is aging of the distribution system, with consequent general leakage and increased water main breakage caused by freeze/thaw conditions. More research needs to be carried out linking water use activities to particular months or groups of months.     

HOUSEHOLD WATER USE: TECHNOLOGICAL SHIFTS AND CONSERVATION IMPLICATIONS1

ABSTRACT: A study was undertaken to determine the effect of water intensive appliances or activities on household water consumption. Activities included in the study were use of the washing machine, dishwasher, swimming pool, and lawn watering. In the majority of cases these activities increased per capita consumption and were statistically significant. Households included in the study were not familiar with water saving devices available in the retail market. Even if tehse appliances were purchased, private economic benefits to the household would be low due to the inexpensive water charges levied. However, aggregate community benefits could be large if new well drilling cost or increase in storage facilities could be avoided. In order to avoid these increased costs, regulation or subsidy programs may be the most efficient policy alternatives available to the communities. Subsidies and regulation could potentially decrease water use and offer alternatives to increasing the water supply.     

FORECASTING URBAN WATER USE: THE IWR-MAIN MODEL1

ABSTRACT: In the current forecasting practice, future water requirements of a growing urban area are often represented as the product of the number of people to be served by the water system and an assumed quantity of gross per capita water use. This paper describes a forecasting approach that differs from the per capita method in two important aspects. First, it disaggregates urban water use into a large number of categories, each consisting of a relatively homogeneous group of water users. Second, it links water use in each category to factors that determine both the need for water as well as the intensity of water use. This approach is incorporated into a computerized forecasting system referred to as IWR-MAIN. The advantages of the IWR.MAIN model over the traditional per capita method are illustrated in a case study of Anaheim, California.     

NITROGEN AND PHOSPHORUS IN WATER AS RELATED TO ENVIRONMENTAL SEVI'ING IN NEBRASKA1

ABSTRACT: Spatial distributions of nitrogen and phosphorus in water were related to environmental setting as part of a regional water-quality assessment of the Central Nebraska Basins. The environmental settings (Sandhills, Loess Hills, Glaciated Area, and Platte Valley) were characterized by different concentrations of nitrogen and phosphorus in ground water and stream water. Statistically significant differences in nitrate concentrations in both ground-water and stream-water samples were related to regional distributions of cropland and rangeland. Nitrate concentrations were larger, especially in shallow ground water, in environmental settings dominated by cropland and associated fertilizer use than in settings dominated by rangeland. Similarly, total-nitrogen and nitrate concentrations were relatively large in selected streams draining primarily cropland. Comparative concentrations of phosphorus in stream water on the basis of environmental setting were similar to those of nitrogen, although the largest phosphorus concentrations probably relate to wastewater discharge into small streams. Nitrogen and phosphorus concentrations in much of the Platte River apparently reflected the quality of water entering the study unit from upstream and limited base-flow contributions from within the Platte Valley itself.     

CENTRAL NEBRASKA RIVER BASINS,NEBRASKA1

ABSTRACT: The Central Nebraska Basins (NAWQA) study unit includes the Platte River and two major tributaries, the Loup and Elkhorn Rivers. Platte River flows are variable in the western part of the study unit because of diversions, but the Loup and Elkhorn Rivers originate in an area of dune sand covered by grassland that generates consistent base flows. More frequent runoff in the eastern part of the study unit also sustains stream flow. Ground water in the study unit has no regional confining units and the system is a water table aquifer throughout. Macroinvertebrate and fish taxa at biological sampling sites in the state were related to stream flow. One of the four wetland complexes identified in the study unit includes habitat for threatened and endangered bird species. The study unit is an agricultural area that includes row crops, both irrigated and nonirrigated in the eastern and southern parts, and rangeland in the Sand Hills of the western part. A water quality assessment will be based on the differences in environmental setting in each of four subunits within the study unit.]