REVISITING STATE WATER RIGHTS LAW1

ABSTRACT: Water resources professionals should be engaged actively in revisiting state water rights law. During the past four years, sponsored by the American Society of Civil Engineers with cooperation of other water resources organizations, over a hundred engineers, hydrologists, geographers, lawyers, administrators, educators, water users, and other persons interested in water law have been preparing a Model State Water Rights Code. Preliminary drafts of the Model Code have been considered in four states, and its provisions will be disseminated nationally to state legislators and other policy makers upon formal publication in September 1994. The Model Code gathers the best provisions from state water laws into comprehensive regulated riparian and prior appropriation provisions, includes commentaries explaining how its textual sections address water resources planning and management issues, and references similar language in current state water statutes. The goal of the Code Project is to provide materials which will assist legislators so they can enact effective, efficient, and equitable water laws. In the future, the Code drafting group will expand its efforts to develop legal guidelines for allocating shared transboundary water resources, water quality law, federal water statutes, and other water resources legal issues.     

UNIVERSITY WATER RESOURCES RESEARCH AND STATE LEGISLATURES1

ABSTRACT: Societal trends indicate an increased need for university water researchers to develop and improve working relationships with state legislatures to help ensure that water related legislation is based on sound water resources information. Recommendations for providing technical support to state legislatures on water resources issues include: the necessity for researchers to take the initiative; the importance of researchers capitalizing on existing linkages; the need to maintain a continuous link between key legislators, legislative staff, and researchers; and the need for researchers to provide comprehensible information in a timely manner.     

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.     

THE LAW OF THE COLORADO RIVER: COPING WITH SEVERE SUSTAINED DROUGHT1

ABSTRACT: The waters of the Colorado River are divided among seven states according to a complex ‘Law of the River’ drawn from interstate compacts, international treaties, statutes, and regulations. The Law of the River creates certain priorities among the states and the Republic of Mexico, and in the event of a severe sustained drought, the Law of the River dictates the distribution of water and operation of the elaborate reservoir system. Earlier work indicated that there is remarkable resilience in the system for established uses of water in the Lower Basin of the Colorado River. This work shows, based on an application of the Law of the River using computer modeling of operations of facilities on the Colorado River, that there may be serious environmental consequences and related legal restraints on how the water is used in times of shortage and that the existing legal and institutional framework governing the Colorado River does not adequately address all the issues that would be raised in a severe sustained drought. Several possible legal options for dealing with drought in the context of the Law of the River are identified.     

STATE WATER CONSERVATION STRATEGIES AND ACTIVITIES1

States have the potential to play a major role in moving water conservation from conferences and reports that identify its advantages to actual practice. The research identifies four generic “strategies” that categorize the states' approaches toward conservation and reports on the states' current conservation activities. The four strategies are: reliance on agricultural advisors, leverage incentives, performance standards, and mandatory actions. Four levels of state conservation activity exist. California and Florida maintain the most extensive programs; Arizona, Massachusetts, New Jersey, North Carolina, and Oklahoma also have numerous programs but significantly lower staff commitments; eight additional states maintain more modest conservation effotts. Elsewhere, state directed conservation actions remain minimal and limited to those provided as agricultural advice. The study found support for water conservation the norm among water supply planners.     

ADDRESSING SOCIAL AND ENVIRONMENTAL ISSUES IN WATER RESOURCES PLANNING AND MANAGEMENT1

Understanding social goals and objectives and incorporating them in water resources planning, management, education and engineering processes is the key to solving many current and emerging water resources problems. Water resources professionals must turn more of their attention to this issue. Various avenues are open for their involvement. They include lobbying, participating in government, education and research, publishing, establishing institutions, interacting with the public and analyzing existing systems.     

NEW HAMPSHIRE WATER LAW: AN INTERPRETIVE OVERVIEW1

ABSTRACT: New Hampshire's riparian water law, first modified judicially, has been more drastically changed by recent legislative and administrative action. As it stands, however, the judicially enforced doctrine of reasonable use appears to be utterly inadequate to handle increasing water demands. The protection of the public interest has imposed substantial limitations on the use of riparian water rights, all under the guise of the exercise of the police power, i.e., the protection of the public health, safety, and welfare. The efficient use of the state's water resources has been further crippled by the widespread and indiscriminate exercise of eminent domain. As a result, the state is now considering the imposition of a permit system that has the potential to streamline the allocation of water. Such a system should take into consideration the public interest factors that have recently frustrated the exercise of riparian rights and the effective use of the state's water resources.     

WICKED WATER PROBLEMS: SOCIOLOGY AND LOCAL WATER ORGANIZATIONS IN ADDRESSING WATER RESOURCES POLICY1

ABSTRACT: Water policy problems are wicked, not in an ethically deplorable sense, but in the sense that they present us with especially difficult challenges of becoming more effective in our interdisciplinary collaboration, of integrating two very different types of knowledge, of working across several socio‐political units of analysis simultaneously, and of better organizing water as a common property resource. Sociology, as a discipline, does not have a particularly rich history of successful interdisciplinary collaboration on water resources research and teaching, but it potentially has a most useful contribution to make by focusing on the analysis of local common property resource organizations that operate in the interface between individual resource users and State‐Federal entities. These organizations (e.g., water user associations, mutual companies, irrigation districts, acequias, conservancy districts) have been the orphans of water policy discourse but their operations are critical to undertaking more effective 21st century social analysis, research work, and action programs. Sociologists who work to better comprehend the operations of, and constraints upon, these organizations build a sociology that can better collaborate with other water‐related disciplines in addressing the challenges posed by the wickedness of our water problems.     

CONJUNCTIVE MANAGEMENT OF WATER RESOURCES IN THE CONTEXT OF TEXAS WATER LAW1

ABSTRACT: This paper examines the critical interaction between existing Texas water law and the state's water resources. Conjunctive use and management of interrelated water resources, though seldom practiced, is generally considered desirable. However, a significant barrier to the coordinated, efficient use and management of water resources is the legal division of water in the various phases of the hydrologic cycle into different classes and recognition of well-defined water rights in the separate phases. Several examples of the problems which relate to, or result from, present Texas water law and which prevent correlated water resource management are discussed. Any substantive revision of Texas law, particularly ground water law, will apparently be difficult to achieve in the immediate future, primarily because of the large number of recognized private water rights and the political power inherent in them. Data necessary for operation of conjunctive management systems are gradually being acquired, and perhaps someday other hydrologic phases can be integrated with surface and ground water. Nevertheless, Texas courts and the legislature have sufficient information on the interrelated hydrologic cycle so that prospective water conflicts should be anticipated and avoided. Great care must be exercised in the recognition of new types of private water rights or extension of existing rights, because this institutional structure, once established, presents a formidable obstacle to desirable revisions of the law.     

GLOBAL WATER ISSUES AND THE WORLD WATER COUNCIL1

ABSTRACT: The key events and the process that led to the creation of the World Water Council on World Water Day 1996 are reviewed and its characteristics summarized. The development of this new organization is discussed in the context of the major global trends in water and water-related issues, viz. growing water scarcity with its links to limits on food production and demographic patterns. In response to the need to find solutions to these pressing water issues, the development of a Technical Program based on the deliberations of the founding member organizations and a number of short-term activities have been outlined to demonstrate the evolution of the Council in this first year of its existence. Given the importance of complementarity between the Council and the Global Water Partnership, an attempt has been made to articulate the mutually-reinforcing roles of the two organizations.     

WATER MANAGEMENT ISSUES FOR THE NINETIES1

ABSTRACT: This paper summarizes contemporary water management issues as recognized by 19 U.S. organizations. Only the issues are identified herein. Individual organization stands are not presented. Most suggestions for action are those of the author. Addresses of all organizations whose documents were reviewed are included in the Reference section so that those desiring to learn more about an organization's stand can readily make contact.     

COST-EFFECTIVE REGULATORY OPTIONS FOR WATER QUALITY LIMITED STREAMS1

With the pressure from industries and municipalities to reduce the waste water treatment costs associated with the permit limits needed to attain the goals of the Clean Water Act, attention has turned ways of introducing flexibility into the regulations without sacrificing the water quality goals. Wisconsin is the first state to have adopted a variety of options from which dischargers may choose when meeting their water quality requirements. These options were developed for the express purpose of minimizing the costs and maximizing the flexibility of the point source water quality regulations while ensuring that permitted discharge would not violate the water quality standards. This paper presents five options that the state has made available to dischargers, as well as one the state did not adopt. The conclusion is that a mix of options can substantially increase the flexibility and reduce the costs of meeting water quality standards on effluent limited streams.     

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.     

EVALUATING THE OPTIONS FOR WATER QUALITY MANAGEMENT1

ABSTRACT: The agricultural revolution occurred because the un-managed environment was not providing food in either the quantity or quality that society desired. The “environmental revolution” is developing because the unmanaged environment is clearly not capable of assimilating societal wastes without being seriously degraded. Effective environmental management will require regional and site-specific modification of general principles and practices that can be used at a national or international level. An environmental management system can be operated in the same manner as any industrial quality control system with three basic components: (a) sensors at appropriate locations, (b) rapid generation and feedback of information, and (c) a quality control group capable of taking immediate effective action when system performance is outside predetermined boundary conditions. This discussion focuses primarily on three areas: (a) management options available to regulate intrusion of societal wastes into natural systems, (b) types of methods available for predicting and validating effects on natural systems, and (c) modifications of present legislation that would permit the most flexibility in selecting from the various management options. Also considered are multispecies toxicity tests using species with cosmopolitan distribution in test systems with a high degree of environmental realism. Among the many values of such tests is the ability to exchange information from all parts of the world effectively because the test organisms are not restricted to a particular geographic region.     

BUILDING THE AGENDA FOR INSTITUTIONAL RESEARCH IN WATER RESOURCE MANAGEMENT1

ABSTRACT: This paper pursues more specifically the recommendations of a recent National Research Council report recommending greater attention to research on institutions in the field of water resource management. The important challenge for the future in institutional research lies in going beyond the observation that institutions are important and in explaining instead how institutions actually affect management options and outcomes. It is possible to illuminate the relationships between institutional features and water management through comparative institutional research. This paper offers recommendations for studying water institutions in a comparative context, including methodological recommendations concerning approaches to comparative institutional research, and topics for comparative institutional research that appear especially fruitful at this time. The example of conjunctive management is used to illustrate the importance of institutional factors in water management, drawing to some extent on the authors’ recent experience with a comparative study of conjunctive management institutions.     

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.     

AGRICULTURAL WATER MODELING AND ECONOMIC INFORMATION NEEDS UNDER THE MODEL WATER CODE1

ABSTRACT: Economic information for efficient water allocation is difficult and costly to acquire under administrative water systems evolving under the Model Water Code. One approach to obtaining more information is to use a simulator like the Florida AGWATER model. The advantage of AGWATER is the potential for realistic prediction, because it operates at the field and day levels, using detailed information for each crop and tract. Unfortunately, such simulators are complex and require large amounts of costly input data. A better solution to the information problem may be to use markets for the marketable goods associated with water, because information is inherent in such a process. This approach will allow limited modeling and management resources to be put into using water models to generate information for the goods dependent on water that are difficult to market, like wildlife services.     

WATER YIELD AUGMENTATION THROUGH FOREST AND RANGE MANAGEMENT - ISSUES FOR THE FUTURE1

The demand for more water is increasing throughout the country. Research on upland watersheds clearly demonstrates that water yield can be increased using forest and range management practices. Based on the experience of the past several decades and a review of six papers in a recent AWRA series on water yield augmentation through vegetation management, the following issues and concerns are discussed: predicting increased yields from large basins; economic evaluation of additional flows; court acceptance and need for system models; the legal question of ownership and transferability of increased yields; and management emphasis on private and federal lands. The immediate potential for water yield augmentation is on carefully selected watersheds that have the bio-physical potential to produce high value water under environmentally acceptable multiple use management. We predict water yield management on a broader scale will result from increased pressures to solve the legal and economic issues involved.     

ONTARIO'S WATER TAKING PERMIT PROGRAM1

ABSTRACT. Most water takings in Ontario in excess of 10,000 gallons per day for purposes other than domestic, farm, or fire fighting require authorization by permit by the Ontario Ministry of the Environment. The legislation imposes control beyond that under common law, but does not remove common-law obligations. Permits may not be assigned without the Ministry's consent and do not create property rights in water. Permits to take ground-water require permittees to ensure that sufficient water is made available for the needs of prior users who suffer serious water-supply interference due to the taking, or to reduce the rate and amount of taking. Permits to take surface water require permittees to maintain sufficient downstream flow to protect downstream uses of water and natural functions of streams. Specific permit requirements for city wells in the rural Hunsburger Creek basin protect existing well supplies and require maintenance of streamflow for pond levels and fish. Tobacco irrigation in the Big Creek basin reduced streamflow significantly and requires development of more detailed water-management plans for years of extreme demand. Ontario's permit program serves to resolve water-use conflicts, furnishes information on use and provides one means for implementing management plans.     

LEGAL AND POLICY ASPECTS OF GEOTHERMAL RESOURCE DEVELOPMENT1

Deep within the earth there exist immense reservoirs of energy in the form of heat-commonly referred to as geothermal resources. Unfortunately, most of these resources are at such depths that it is unlikely they will be recoverable in the foreseeable future. Nevertheless, the lure of seemingly inexhaustible amounts of relatively clean energy continues to hold a fascination for man. In certain limited situations man has already been able to tap these reservoirs and harness the energy to his own uses. More of this activity can be expected in the future. While geothermal energy will chiefly be used to produce electric power, persons responsible for water resources management must concern themselves with geothermal resources for water, and water law concepts will continue to play an important role in the development of this resource.