Buy Me a River: Purchasing Water Rights to Restore River Flows in the Western USA

In recent decades, public and private environmental entities have been purchasing or leasing water rights across the Western United States (U.S.) in efforts to restore river flows and aquatic ecosystems. The need to pay for flow restoration arises from the fact that state governments did not begin to reserve water for instream purposes until the 1970s, long after water rights had become over‐appropriated and flows were substantially depleted in most rivers. As a consequence, flow depletion has become the leading cause of fish endangerment in the U.S., including the imperilment of two‐thirds of all native fish species in the Colorado River system. This paper takes stock of the progress made in buying water for the environment, specifically by reviewing and analyzing more than 50 transactions executed by public and private entities and the sources of funding underpinning these transactions. We conclude that nongovernmental actors — such as environmental organizations and state water trusts — are integral to regional efforts to restore river flows; these nongovernmental actors executed more than two‐thirds of the transactions we documented. However, we also conclude that the long‐term success of these nongovernmental actors depends upon the availability of sustained public funding that enables them to build capacity and engage in the large number of transactions needed to restore flows across each state.     

Finding Common Ground: How Advocacy Coalitions Succeed in Protecting Environmental Flows1

Abstract: This paper reviews several recent case studies in which states or countries have strengthened their protection of environmental flows to explore the key policy, stakeholder, and scientific elements that contributed to these advances in water management. A conceptual framework is developed to describe the actions of interest groups and individuals, how environmental flow issues get onto the formal agenda of decision makers, the events and conditions which precipitate this attention, the role of science and scientific uncertainty, and how interactions and dialog among individuals and groups with different interests lead to changes in state and national statutes. In general, the review found that changing policies is a result of actions of informed groups of interested parties using science and information to inform both the public and decision makers about the need for action and about the specific action needed. In almost all cases, environmental flow issues make it onto the formal agenda of institutions through one or more precipitating events, often legal challenges that call into question the existing legal framework for water management. Significantly, in almost all cases the engagement between advocacy coalitions with different and often opposing views results in reframing the issues to provide a common approach or solution upon which the competing coalitions can agree.     

Transboundary Groundwater Policy: Developing Approaches in the Western and Southwestern United States1

Hathaway, Deborah L., 2011. Transboundary Groundwater Policy: Developing Approaches in the Western and Southwestern United States. Journal of the American Water Resources Association (JAWRA) 47(1):103‐113. DOI: 10.1111/j.1752‐1688.2010.00494.x Abstract: The western and southwestern United States include dozens of groundwater basins that cross political boundaries. Common among these shared groundwater basins is an overlay of differing legal structures and water development priorities, typically, with insufficient water supply for competing human uses, and often, a degraded ecosystem. Resolution of conflicts over ambiguously regulated groundwater has clarified transboundary groundwater policy in some interstate basins, while transboundary groundwater policy in international basins is less evolved. This paper identifies and contrasts approaches to transboundary groundwater policy, drawing from recent conflicts and cooperative efforts, including those associated with the interstate compacts on the Arkansas and Pecos Rivers; the Hueco and Lower Rio Grande Basins shared by New Mexico, Texas, and Mexico; and the Mexicali Basin in California and Mexico. Some efforts seek to fit groundwater policy into existing surface water allocation procedures; some strive for a better fit – incorporating scientific understanding of key differences between groundwater and surface water into policy frameworks. In some cases, neither policy nor precedent exists. The collective experience of these and other cases sets the stage for improved management of transboundary groundwater; as such, challenges and successes of these approaches, and those contemplated in several hypothetical model agreements, are examined.     

A Method to Assess and Define Environmental Flow Rules for Large Jurisdictional Regions1

Snelder, Ton, Doug Booker, and Nicolas Lamouroux, 2011. A Method to Assess and Define Environmental Flow Rules for Large Jurisdictional Regions. Journal of the American Water Resources Association (JAWRA) 47(4):828‐840. DOI: 10.1111/j.1752‐1688.2011.00556.x Abstract: Hydrological rules of thumb are used across jurisdictional regions to set minimum flows and allocation limits that apply by default (i.e., when more detailed site‐scale studies have not been carried out). Uniform rules do not account for spatial variation in environmental characteristics, resulting in inconsistent consequences for the protection of ecosystems, and the reliability of water resources. We developed a method for assessing hydrological rules of thumb that describes their consequences for protection of the ecosystem (in terms of retention of physical habitat) and the reliability of the water resource. The method links regionalized flow duration curves, at‐station hydraulic geometry, and generalized physical habitat models to make assessments at many locations across a region. The method estimates, for a given set of rules, the retained physical habitat for specified taxa/life stages and the proportion of the time abstractions are restricted. We applied the method to assess a set of rules that are proposed as default minimum flows and allocation limits for New Zealand rivers. The assessment showed that the minimum flow rules had variable consequences. The method could be used to quantify the tradeoff between environmental protection and water resources availability and reliability.     

ECONOMIC COSTS AND BENEFITS OF INSTREAM FLOW PROTECTION FOR ENDANGERED SPECIES IN AN INTERNATIONAL BASIN1

ABSTRACT: The U.S. Endangered Species Act (ESA) restricts federal agencies from carrying out actions that jeopardize the continued existence of any endangered species. The U.S. Supreme Court has emphasized that the language of the ESA and its amendments permits few exceptions to the requirement to give endangered species the highest priority. This paper estimates economic costs associated with one measure for increasing instream flows to meet critical habitat requirements of the endangered Rio Grande silvery minnow. Impacts are derived from an integrated regional model of the hydrology, economics, and institutions of the upper Rio Grande Basin in Colorado, New Mexico, Texas, and Mexico. One proposal for providing minimum streamflows to protect the silvery minnow from extinction would provide guaranteed year round streamflows of at least 50 cubic feet per second in the San Acacia reach of the upper Rio Grande. These added flows can be accomplished through reduced surface diversions by New Mexico water users in dry years when flows would otherwise be reduced below the critical level required by the minnow. Based on a 44‐year simulation of future inflows to the basin, we find that some agricultural users suffer damages, but New Mexico water users as a whole do not incur damages from a policy that reduces stream depletions sufficiently to provide habitat for the minnow. The same policy actually benefits downstream users, producing average annual benefits of over $200,000 per year for west Texas agriculture, and over $1 million for El Paso municipal and industrial water users, respectively. Economic impacts of instream flow deliveries for the minnow are highest in drought years.     

Effects of Flow Augmentations in the Snake River Basin on Farms Profitability1

Abstract: For over 10 years, several species of salmon have been identified as either threatened or endangered in the Snake River Basin of Idaho. The United States Bureau of Reclamation, in cooperation with the National Marine Fisheries Service, has proposed a variety of plans to increase stream flows in the Snake River Basin to facilitate movement by juvenile salmon smolts to the ocean. This research examines two of the flow augmentation plans proposed by the Bureau of Reclamation as well as two alternative plans, one founded purely on existing priority‐based water rights and another geared toward minimizing the effects of flow augmentations on farms profitability. Results from a basin‐wide model of agricultural production in the Snake River Basin, the Snake River Agricultural Model, present evidence that (1) older water rights are used towards production of less valuable crops, (2) flow augmentation scenarios have unequal effects on farms profitability across agricultural regions within the basin, and (3) irrigation water is valued from US$4 to US$59 an acre‐foot.     

Arctic Climate Impacts: Environmental Injustice in Canada and the United States

The current and projected future physical impacts of climate change are most extreme in the northern latitudes. The indigenous peoples in the North American arctic and sub-arctic rely on the availability of natural resources in mixed subsistence economies for nutritional and cultural survival and thus experience disproportionate burdens with respect to our changing climate. Arctic climate impacts exemplify how global phenomena and activities can significantly affect people locally in remote regions. These impacts are largely consistent throughout the region, irrespective of national boarders; however, indigenous peoples in Canada are better positioned than those in the United States to shape policy in a way that would ensure their adaptation to climate change. Political and industrial activity on national and global scales can have significant environmental, social and cultural repercussions on the local scale in remote areas. Remedies for environmental injustice will thus require strong cross-scale political and institutional linkages.     

Management of Water Shortage in the Colorado River Basin: Evaluating Current Policy and the Viability of Interstate Water Trading1

Wildman, Richard A., Jr. and Noelani A. Forde, 2012. Management of Water Shortage in the Colorado River Basin: Evaluating Current Policy and the Viability of Interstate Water Trading. Journal of the American Water Resources Association (JAWRA) 48(3): 411-422. DOI: 10.1111/j.1752-1688.2012.00665.x Abstract: The water of the Colorado River of the southwestern United States (U.S.) is presently used beyond its reliable supply, and the flow of this river is forecast to decrease significantly due to climate change. A recent interim report of the Colorado River Basin Water Supply and Demand Study is the first acknowledgment of these facts by U.S. federal water managers. In light of this new stance, we evaluate the current policy of adaptation to water shortages in the Colorado River Basin. We find that initial shortages will be borne only by the cities of Arizona and Nevada and farms in Arizona whereas the other Basin states have no incentive to reduce consumptive use. Furthermore, the development of a long-term plan is deferred until greater water scarcity exists. As a potential response to long-term water scarcity, we evaluate the viability of an interstate water market in the Colorado River Basin. We inform our analysis with newly available data from the Murray-Darling Basin of Australia, which has used interstate water trading to create vital flexibility during extreme aridity during recent years. We find that, despite substantial obstacles, an interstate water market is a compelling reform that could be used not only to adapt to increased water scarcity but also to preserve core elements of Colorado River Basin law.     

SIMULATION AND DECISIONMAKING: THE PLATTE RIVER BASIN IN NEBRASKA1

Substantial conflict exists over water management and allocation in the Platte River Basin of Nebraska. An interdisciplinary computer simulation model, representing the water quantity, water quality, environmental, and economic dimensions of the conflict, was developed in order to analyze the tradeoffs among allocation scenarios. Most importantly, decisionmakers and interest groups were involved in model development. Simulation results for a base case and two scenarios are presented. One scenario favors protection of instream flow for wildlife; the other favors water diversions for agriculture. Impacts of the instream flow scenario, as measured by the amount of land irrigated, groundwater levels, the amount of wildlife habitat for cranes and catfish, and net agricultural benefits did not differ greatly from those of the base case. However, impacts of the diversion scenario were substantial. On the negative side, instream flows and wildlife habitat declined an average of 39 percent; while, on the positive side, groundwater levels and net agricultural benefits each increased 6 percent. The modeling process was successful insofar as it promoted an understanding among the highly diverse interest groups of the systems nature of the Basin. One agreement on a water diversion schedule among three of the parties has been reached, partly as a result of this process. More comprehensive compromises have not yet been forged. Our experience, however, indicates that modeling success at the policymaking level depends more on the extent to which the policymakers understand the model than it does on model sophistication.     

Impacts of Dams on Flow Regimes in Three Headwater Subbasins of the Columbia River Basin,United States1

Moore, Johnnie N., Alicia S. Arrigoni, and Andrew C. Wilcox, 2012. Impacts of Dams on Flow Regimes in Three Headwater Subbasins of the Columbia River Basin, United States. Journal of the American Water Resources Association (JAWRA) 48(5): 925‐938. DOI: 10.1111/j.1752‐1688.2012.00660.x Abstract: We compared long‐term changes in flow regimes resulting from climate change with those resulting from dams in three matched pairs of natural and modified headwater subbasins of the Columbia River. Based on the analysis of 12 flow‐regime metrics, we found that damming had minimal effect on most quantity of flow metrics, but major effect on timing of flow metrics, especially those representing “spring runoff.” In all modified subbasins, “spring runoff” metrics occurred much earlier than natural flow (up to ～44 days earlier for April‐July flows). Storage capacity modulated the magnitude of timing of flow‐metric changes, with the largest storage capacity leading to the most change. However, even in subbasins with low storage capacity, we found significant change in most timing of flow metrics. We also found that damming, especially in subbasins with higher storage capacity, overwhelmed climate variability in all basins for most flow metrics. This shows that reservoir operations need to be modified to more closely match the natural timing of flow regimes to promote positive ecologic response in modified rivers, even in basins where quantity of flow metrics have not changed substantially as a result of damming.     

完善环境政策体系 控制环境污染形势

目前,我国总体环境形势可概括为：局部地区和行业的部分环境指标有所改善,环境恶化状况未得到根本遏制,环境形势依然十分严峻,未来的环境压力将继续加大。要想从根本上解决问题,就必须从实际出发,加强应对污染事故的机制建设,建立环境保护长效机制。其中,极为重要的一环是完善环境政策、法规、标准、制度体系。     

中国环境法治建设的成就及建议

回顾了中国改革开放三十年来环境法治建设取得的主要成就,并对我国环境立法、环境执法、环境司法和理论研究方面提出了建议。     

DINOSAUR NATIONAL MONUMENT: THE EVOLUTION OF A FEDERAL RESERVED WATER RIGHT1

ABSTRACT: Dinosaur National Monument, in northwestern Colorado, has become a test case in the establishment of a federal reserved water right to instream flows. For the first time, the Interior Department was forced to rigorously defend its claims in a watershed where the federal government did not control the upstream reaches. Inadequate quantification of minimum flow requirements, court orders, and an apparent Congressional ban on the spending of Water Resources Program funds by the Park Service to quantify its water rights have already placed the Service in a difficult position to protect instream flows for maintaining the ecological integrity of the Monument. As late as 1983, administrators of the Park Service were divided over their legal strategy, many wanting to pursue a policy of claiming “natural, historic” flows rather than “minimum” flows. The conditional right to instream flows panted to the Park Service in 1978 was subject to quantification within five years. That deadline has been extended, but it is not likely that the case will reach final settlement this decade. Until the design and conduct of federal water rights quantifications better integrate public policy and law with science, the principle lesson from Dinosaur may have to be repeated.     

Characterising the landscape of state environmental review policies and procedures in the United States: a national assessment

Following the intent of the National Environmental Policy Act of 1969, many states have adopted policies and procedures directing state agencies and local government units to evaluate the potential environmental impacts of development projects prior to their undertaking. In contrast to a rich literature on federal requirements, current understanding of state environmental review is narrowly focused and outdated. This paper seeks to provide information on the landscape of state environmental review policy frameworks. The paper identifies 37 states with formal environmental review requirements through a document review of state statutes, administrative rules and agency-prepared materials, and confirms this finding through a survey of state administrators. A two-tier classification is used to distinguish states based on the approach taken to address environmental review needs and the scope and depth of relevant policies and procedures implemented. This paper also provides a discussion of policy and programme attributes that may contribute to effective practice, and of the potential for adopting relevant legislation in states where environmental review is currently lacking.     

国际环境服务业发展政策及对我国的启示

综合研究了国外环境服务业发展较快国家的相关政策,分析了它们发展成熟的原因,提出适合于我国的相关政策及措施。     

控制环境与健康风险:美国环境标准制度功能借鉴

传统观念下,环境与健康分属两个不同领域,美国作为最早遭遇环境与健康问题的国家,经过多年努力,形成了建立以保障公共健康为核心的环境标准体系和环境与健康风险评估框架,实现了对环境与健康风险的有效控制。美国对环境污染物的界定主要取决于其对公共健康的影响,将污染物分为普遍及对公共健康危害较大的污染物、一些污染范围较小或对公共健康危害较小的污染物两类,且采取不同的标准制定方法。在标准制定方面,主要是将有关科学共识转化为可执行的环境标准。为了避免环境标准的不确定性带来的不利影响,建立了包括科学论证、公开透明、周期性审查等较为严格的环境标准制定程序。美国赋予环境标准制度以控制环境与健康风险的功能,并通过建立以保障公共健康为核心的环境标准体系,实现对环境与健康风险有效控制的执法路径,对解决中国目前存在的环境标准价值缺失、体系割裂、内容缺失等问题,实现环境标准的功能再造具有较强的借鉴意义。     

环境政策评估：一个宏观经济分析框架的综述

环境动态随机一般均衡（E-DSGE）模型以其良好的扩展性和预测性逐渐被环境宏观经济学者接纳。环境因素的引入包括经济系统对环境系统的作用、环境系统的演化过程、环境系统对经济系统的反作用等方式。E-DSGE模型中的不确定性冲击包括经济不确定性冲击、政策不确定性冲击和环境不确定性冲击。E-DSGE模型中环境政策的讨论重点包括环境税、限额与交易、强度管制等。多重环境政策的组合效应、环境影响的国际传导以及环境政策与宏观经济政策的融合等是E-DSGE模型研究的重要前沿课题。加强新凯恩斯框架下E-DSGE模型的构建与应用,加强跨流域和跨界的环境问题、水的问题、碳的问题等研究是下一阶段E-DSGE建模的重点。     

美国环境应急管理制度简析

美国作为工业发达国家,经过百余年的发展,建立了世界领先的环境应急管理制度。自2005年松花江水污染事件爆发至今,我国的环境应急管理需求迫切,管理水平也在飞速提升。对美国的环境应急管理制度的分析能为我国环境应急管理工作提供借鉴。首先,美国设立了以宪法为根基,以应急管理法律法规为主要枝干,以针对突发性环境事件的专门性立法为具体内容的管理体系。其次,美国建立了包括总统、联邦应急管理署、美国国家环境保护局,以及州、县和地方政府中的管理机构在内的多层级应急管理系统。再次,美国基于国家应急系统(NRS)及其核心国家应急计划(NCP),为环境应急响应工作制定了清晰的工作流程。此外,美国还设立了超级基金,有助于有效解决应对环境突发事件的资金来源问题。2014年1月,美国西弗吉尼亚州发生埃尔克河化学品泄漏污染水源事件,通过将该污染事故作为案例进行分析,本文详细梳理了美国各层级政府对该污染事故的应急响应处理流程,体现出其具有的流程规范、分工清晰、属地处理、联邦支持等特点。