A METHODOLOGY FOR EVALUATING DEVELOPMENT-ENVIRONMENTAL CONFLICTS ON WILD AND SCENIC RIVERS1

ABSTRACT: A methodology is developed for examining the environmental and developmental conflicts inherent in the classification process of a wild river. The Salmon River in Idaho is used as an example of the methodology. The steps were: 1. a resource inventory, 2. an evaluation methodology, and 3. an economic comparison of resource use tradeoffs. Alternatives for the Salmon were examined, following generally the procedures outlined in the United States Water Resources Council's Establishment of Principles and Standards for Planning Water and Related Land Resources Final comparisons showed that hydroelectric development had greater net benefits than outdoor recreation at up to a three percent recreation growth rate. When recreation use grew at a faster rate, recreation had a considerable margin of net benefits in its favor.     

REVIEW AND ANALYSIS OF METHODS FOR QUANTIFYING INSTREAM FLOW REQUIREMENTS1

ABSTRACT: Present guidelines for selecting a method to determine instream flow requirements and evaluating the validity of the results from a particular method are insufficient. This paper contributes to the efforts of researchers to develop a guide and critique for instream flow methods. A review of instreani flow methods and recommendations for their application is supplemented by a summary of a comparison of four independent analyses. The four analyses: the Physical Habitat Simulation System approach of the Instream Flow Incremental Methodology by the U.S. Fish and Wildlife Service, the Montana Method by Tennant, and two methods by Orsborn (Maximum Spawning Area Flow and Maximum Spawning Area) represent resource intensive and simplistic data collection and analysis methods. Each analysis was used to independently determine flows to support spawning by chinook salmon (Oncorhynchus tshawytscha) in Willow Creek, Alaska. Results of these analyses indicate that each method can be used independently or collectively to generate instream flow recommendations, if calibrated to the site or area studied. Once adjusted to the species and basin of interest, methods similar to the Montana and two Orsborn methods should be used to determine flow recommendations for areas where competition for water is minimal. The Instream Flow Incremental Methodology or similar methods should be applied when competition for water is keen or when detailed evaluations of the responses of species/life phases to flow variations are required.     

INSTREAM FLOW REQUIREMENTS IN THE POWDER RIVER COAL BASIN1

ABSTRACT: As coal resources are developed in the Northern Great Plains regions, new reservoirs are being considered to meet expanding water demands. The amount of water available for industrial diversion, however, could be limited by regulations that require minimum flow levels to be maintained downstream of the reservoir sites. Computer simulations of potential reservoirs were used to determine to what extent, if any, instream flow requirements might limit the ability of reservoirs to deliver industrial water supplies. Data on instream flow requirements, potential reservoir sites, and historic runoff were input for the simulation of the Powder River Region of Montana and Wyoming. Results of the simulations compared the maximum amount of water available for industrial diversion with and without requiring instream flow criteria.     

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.     

DEVELOPMENT OF FEDERAL RESERVE RIGHTS1

ABSTRACT: The concept that has been termed “Indian Rights to Water” is one manifestation of the area of federal reserved rights that is a major concern of states in arid regions. The federal reserved rights are those that are reserved in fact or by implication in federal actions, acts, reservations, and treaties. Federal actions include such things as navigation improvement and flood control projects. The Federal Court System, since the Civil War has been promulgating, developing, and protecting federal reserved water rights. The development of those rights can be traced from early cases through the landmark cases such as U.S. v. Rio Grande and Irrigation Co. (1899); Winters v. U.S. (1908) with the origin of the Winters' Doctrine of Indian Rights; Federal Power Commission v. Oregon, commonly called the Pelton Dam Case (1955); Arizona v. California (1963); U.S. v. District Court for Eagle County (1971); to existing suits on surface water sources such as that on appeal in regard to reserved federal water rights on the Truckee River. It can be shown that the federal position has been consistent through all the years in that the federal rights have been protected, expanded, developed, and preserved in a more or less predictable manner.     

WATER MARKETING: THE CASE OF INDIAN RESERVED RIGHTS1

ABSTRACT: Water marketing is an increasing important topic for policy makers and water managers, especially in the Western United States. Indian reserved rights (or Winters rights) differ in significant ways from water rights under most state prior appropriation systems. As Winters rights are quantified, a number of issues are emerging concerning the extent to which these water rights may be marketed, particularly to off-reservation users. This paper will review the evolution of Indian reserved water rights and discuss key issues surrounding the marketing of these rights.     

A GAME THEORY APPROACH TO DECIDING WHO WILL SUPPLY INSTREAM FLOW WATER1

ABSTRACT: The resource management problem for the Middle Platte ecosystem is the insufficient water available to meet both instream ecological demands and out‐of‐stream economic needs. This problem of multiple interest groups competing for a limited resource is compounded by sharp disagreement in the scientific community over endangered species' needs for instream flows. In this study, game theory was used to address one dimension of this resource management problem. A sequential auction with repeated bidding was used to determine how much instream flow water each of three states — Colorado, Nebraska, and Wyoming — will provide and at what price. The results suggest that the use of auction mechanisms can improve the prospects for reaching a multi‐state agreement on who will supply instream flow water, if the auction is structured to discourage misrepresentation of costs and if political compensation is allowed.     

COMPROMISE PROGRAMMING METHODOLOGY FOR DETERMINING INSTREAM FLOW UNDER MULTIOBJECTIVE WATER ALLOCATION CRITERIA1

ABSTRACT: This paper presents a quantitative assessment framework for determining the instream flow under multiobjective water allocation criteria. The Range of Variability Approach (RVA) is employed to evaluate the hydrologic alterations caused by flow diversions, and the resulting degrees of alteration for the 32 Indicators of Hydrologic Alteration (IHAs) are integrated as an overall degree of hydrologic alteration. By including this index in the objective function, it is possible to optimize the water allocation scheme using compromise programming to minimize the hydrologic alteration and water supply shortages. The proposed methodology is applied to a case study of the Kaoping diversion weir in Taiwan. The results indicate that the current release of 9.5 m³/s as a minimum instream flow does not effectively mitigate the highly altered hydrologic regime. Increasing the instream flow would reduce the overall degree of hydrologic alteration; however, this is achieved at the cost of increasing the water supply shortages. The effects on the optimal instream flow of the weighting factors assigned to water supplies and natural flow variations are also investigated. With equal weighting assigned to the multiple objectives, the optimal instream flow of 26 m³/s leads to a less severely altered hydrologic regime, especially for those low‐flow characteristics, thereby providing a better protection of the riverine environment.     

LIMITATIONS OF CONCEPTS USED TO DETERMINE INSTREAM FLOW REQUIREMENTS FOR HABITAT MAINTENANCE1

ABSTRACT: Today most rivers are not freely flowing but are highly regulated to meet both human and wildlife needs. Several models allow the determination of instream flows that are needed to meet wildlife demands. However, these models are based on assumptions that limit their applicability to certain types of rivers. While these limitations do not preclude the use of the models on other types of rivers, like the Platte River in Nebraska, their limitations should be considered and accommodated by those making instream flow planning and management decisions. Other factors affecting channel morphology and its associated wildlife habitat, such as threshold values and vegetation are not adequately considered by current concepts. If rivers are to be managed to provide wildlife habitat, these factors will have to be addressed.     

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.     

ANALYSIS OF IMPLEMENTATION BARRIERS FOR STATE SCENIC RIVER SYSTEM FORMULATION1

ABSTRACT: Efforts to protect free flowing streams of state significance have met with limited success. Some states established large numbers of “instant” scenic rivers through legislation, then have worked out procedures to add new streams. Other have inadequate current funding and staff to implement the law. The chief barriers to growth of the systems are:

• lack of program staffing and funding and support in some states,
• slowness of the study and planning process,
• landowner uncertainties about the effects on their property and rights, and
• legal complexities.

There are few difficulties experienced in evaluation criteria, but a lack of objective rating systems may cause future problems. The state systems which have grown require careful planning, thorough communications with landowners, flexible land use control programs, and systematic education of community leaders about the values and operation of the program. State systems now protect about four times the river mileage of the federal wild and scenic rivers program. This gap is likely to widen even more, if state programs can achieve their growth potential. No state appears to be yet near to achieving the full purpose of the policy makers who designed and instituted the scenic rivers programs.     

AN ECONOMIC ANALYSIS OF ALTERNATIVE WATER USE STRATEGIES AT CATCHMENT LEVEL TAKING INTO ACCOUNT AN INSTREAM FLOW REQUIREMENT1

ABSTRACT: A mathematical model of agricultural water use and a hydrological and economic simulation model were linked to quantify the economic and hydrological impact of deficit irrigation, increased water application efficiency, and farm storage dams when maintaining an IFR (instream flow requirement) under stochastic water supply conditions. The main finding was that a water conservation policy aimed at reducing the amount of water withdrawn from the river could bring more pressure to bear on stream flow. Water can only be saved if consumptive use is reduced. Increased water application efficiency is detrimental to other users as a result of reduced return flow. The economic cost of maintaining a specific IFR increases with the use of all three strategies as the probability of maintaining the IFR increases. Because of the control that can be exercised over the supply of water, a farm storage dam is the best strategy for minimizing the costs for irrigators. The interaction between water legislation, water policy administration, technology, hydrology, and human value systems necessitates an integrated approach to facilitate water management at catchment level and to formulate policies that will be in the interest of society.     

MONTANA'S EXPERIENCE IN RESERVING YELLOWSTONE RIVER WATER FOR INSTREAM BENEFICIAL USES - THE RESERVATION DECISION1

ABSTRACT: The Yellowstone River in Montana produces an abundant supply of high quality water, but in the early 1970's, the specter of mushrooming energy development in the drainage with its attendant demands for large volumes of water prompted this state to initiate steps to protect existing users and to control future water uses. A Water Use Act was passed in 1973, and a moratorium was subsequently placed on the granting of new permits for major diversion. During this moratorium, various governmental entities were given the opportunity to request the reservation of water for future beneficial uses, including instream purposes. An earlier paper described the reservation applications that were received by the state, and it also summarized the legal framework of the reservation process in Montana. Since that time, the responsible state agency has had the opportunity to review the reservation requests, and its final decision in this regard was announced in December of 1978. This paper describes the details of this decision. Basically, an attempt was made to preserve the integrity of the stream while also strengthening its agricultural uses. In addition, a portion of the flow was not earmarked which will provide some flexibility in reacting to future demands.     

MONTANA'S EXPERIENCE IN RESERVING YELLOWSTONE RIVER WATER FOR INSTREAM BENEFICIAL USES - LEGAL FRAMEWORK1

ABSTRACT: The Yellowstone River historically has produced an ample supply of high quality water which is widely used for irrigation, municipal and industrial purposes, recreation, and fish and wildlife. Recently, energy companies have attempted to obtain water rights in the Yellowstone basin for energy conversion facilities in coal-rich southeastern Montana. Existing users fear that energy diversions will impair their rights, preclude expansion of present beneficial users, degrade water quality, and adversely effect fish and aquatic life. In response to these concerns, the Montana Legislature enacted several laws to regulate water appropriations in the Yellowstone River basin, including means by which state and federal agencies could apply for reservations of water for future beneficial uses. Thereafter, both the Montana Fish and Game Commission and the State Water Quality Bureau formally requested relatively large instream flows to protect fish and wildlife and to maintain water quality. This paper describes Montana's experience through December of 1977 with the administration of water in the Yellowstone basin under these laws; emphasis is placed on the major requests for instream flows. The final resolution of the reservation applications, and the related ramifications, will be discussed in a future paper.     

ASSESSING INSTREAM FLOWS AND RESERVOIR OPERATIONS ON AN EASTERN IDAHO RWER1

ABSTRACT: A methodology for assessing reservoir management was applied to the historical conflict between winter fish and wildilife flows below Island Park Reservoir on Henrys Fork of the Snake River and the fulfillment of storage water rights. The methodology consists of (1) identifying impacts of flow regulation, (2) quantifying relationships among variables affecting physical reservoir fill, and (3) assessing effects of these discharges on the fulfillment of water rights in the context of a larger system of interrelated reservoirs. Winter (storage season) flows are critical to management of fish and wildlife populations below Island Park Dam, but flow regulation has resulted in decreased winter discharge. Allowable winter flows are a function of inflow, length of storage season, reservoir content at the start of storage season, and potential for downstream capture of excess storage season water discharged at Island Park. Modeling results indicate that winter flows in the range of those recommended for fish and wildlife management are attainable during average years but not during years when initial reservoir content is low. The methodology was successful in quantifying information useful to decision makers in a variety of agencies and disciplines and could be applied to solve water management problems on other regulated river systems.     

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.     

REVIEW OF DETERMINATION OF INSTREAM FLOW REQUIREMENTS WITH SPECIAL APPLICATION TO AUSTRALIA1

ABSTRACT: A critical examination of the techniques used to assess and specify environmental instream flow requirements is provided. The strengths and weaknesses of individual techniques are evaluated on both an absolute and a comparative basis. Particular attention is given to the problem of specifying environmental flow requirements in Australia where the hydrology has distinctly different characteristics to those in countries where most of the models for prediction of instream flow requirements were developed. Broad recommendations as to the suitability and use of the different techniques for different conditions are provided.     

FLOW DURATION CURVES II: A REVIEW OF APPLICATIONS IN WATER RESOURCES PLANNING1

ABSTRACT: A streamflow duration curve illustrates the relationship between the frequency and magnitude of streamflow. Flow duration curves have a long history in the field of water-resource engineering and have been used to solve problems in water-quality management, hydropower, instream flow methodologies, water-use planning, flood control, and river and reservoir sedimentation, and for scientific comparisons of streamflow characteristics across watersheds. This paper reviews traditional applications and provides extensions to some new applications, including water allocation, wasteload allocation, river and wetland inundation mapping, and the economic selection of a water-resource project.     

USER REACTION TO WILD AND SCENIC RIVER DESIGNATION1

: The National Wild and Scenic River Act of 1968 was designed to protect the nation's unique waterways. This Act, however, has been criticized for negatively affecting areas it was intended to protect. Findings, based on field investigation in the Upper Mississippi River basin suggest that designation may serve as a factor for increasing recreational use levels on the protected rivers. This study discusses the social and recreational consequences of designating rivers and the attitudes of river users regarding designation.     

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.