A GEOGRAPHICAL ANALYSIS OF WATER-RELATED CONSTITUTIONAL AMENDMENTS IN TEXAS, 1985–19911

ABSTRACT: Texans participate directly in water policy decision-making through a referendum process involving amendment of the state's constitution. Prior to 1985, Texans voted on eight amendments. Five of these were ratified (1957, 1962, 1966, 1971, 1976), and collectively resulted in the creation of the Water Development Fund, with an authorization level of $600 million, and the Texas Water Development Board, the organization charged with administering the fund. Three other amendments were defeated in 1969, 1976, and 1981 by ever-increasing margins. From 1985 to 1991, six additional amendments were proposed and subsequently ratified, resulting in a $1.8 billion increase in Water Development Fund authorization and the creation of an agricultural water conservation fund and bond insurance program. County-level electoral data for the 1985–1991 referenda were mapped to assess sectional and regional factors underlying public opinion regarding these water resource development and funding programs. Regional contrasts were most pronounced for the 1989 and 1991 referenda that targeted economically distressed areas across the state, particularly the colonias located along the Rio Grande, and the 1989 amendment that removed a time limit on the issuance of agricultural water conservation bonds. As a specific case study, the Texas experience could serve as a guide in California where similar constitutional restrictions require tax and spending programs to be approved by voters, and in other states that may be considering the development of similar state-level financial programs for water projects.     

VOTER REACTIONS TO THE 1976 WATER DEVELOPMENT AND QUALITY REFERENDA IN TEXAS1

ABSTRACT: Since 1957, Texans have had the opportunity to vote on eight referenda concerning the allocation of state funds for water resources development and the maintenance of water quality. In 1976, a water development amendment and a water quality amendment were presented simultaneously to the voters of Texas, affording a unique opportunity for electoral-geographic comparison of county-level returns on the two issues. In this paper, cartographic and statistical analyses of the county-level voting outcomes for each referendum are presented. In both cases, the referenda were supported by voters in water-deficient West Texas, especially those counties dependent on irrigated crop production. In contrast, urban voters and East Texans tended to oppose both amendments. However, support for the water quality amendment in the urbanized areas of Dallas-Fort Worth, Austin, and San Antonio enabled this amendment to pass statewide while its counterpart failed. The results highlight the importance of local differences in perceived water policy needs, and in doing so they illustrate that geographical anlaysis of returns from initiatives and referenda is a useful tool for understanding the locational conflicts underlying water resources and other policy efforts.     

BRUSHLAND MANAGEMENT FOR INCREASED WATER YIELD IN TEXAS1

ABSTRACT: Policies to encourage brush management are under consideration as a means to address the water scarcity issue in Texas. Additional water can be generated by treating some of the 100-million-plus acres of brush-infested rangelands in Texas. Evidence of water yield benefits are, however, tentative at this time. Economic investigations based on available data show the potential desirability of brush management but also show benefits to be critically dependent on added water yield, value, and cost-sharing policy. Wildlife, water rights, and environmental issues are also important considerations. The lack of research information on likely impacts makes it difficult to choose among alternative policies for encouraging brush management. More research on this potential opportunity is needed.     

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.     

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.     

FINANCING FEDERAL WATER DEVELOPEMNT PROJECTS AND SHARING THE COSTS1

ABSTRACT: The Federal Government's interest and involvement in water resource development in discussed in the context of project financing and cost sharing. After drawing a clear distinction between the two issues - who puts up the money, and who repays over time - the authors survey a number of Federal acts from which have evolved nearly 200 separate cost-sharing rules. Selected cost sharing and financing issues discussed include consistency in policies, rehabilitation of urban water supply systems, multipurpose water quality projects, and ground water management. Two proposals for cost/finance sharing reform introduced in the 96th Congress are discussed in detail and their impacts compared with current policy. The joint venture approach (Administration proposal) results in an effective composite cost share which changes significantly but not drastically (from 19 to 35 percent non-Federal share for a hypothetical project). The block grant approach (Domenici-Moynihan proposal) would alter the regional distribution of Federal water developement funding from the South and West to the Northwest and North Central States.     

EFFECTS OF LAND USE AND TOPOGRAPHY ON SOME WATER QUALITY VARIABLES IN FORESTED EAST TEXAS1

ABSTRACT: Spatial variation of five water quality variables were analyzed using composite water samples collected periodically from eight small watersheds (11.4–71.6 km²) in forested East Texas during 1977 through 1980. Based on 31 observations during the four-year period the average yield of nitrate-nitrite nitrogen (NNN), total kjeldahl nitrogen (TKN), total phosphorus (PO4), chloride (CHL), and total suspended sediment (TSS) were 1.43, 21.96, 3.09, 50.11, and 90.39 ka/ha/yr, respectively. Compared to the water quality standards of the U.S. Environmental Protection Agency (1976) and the Texas Department of Water Resources (1976) for CHL, TSS, and NNN, none of the observations exceeded the limits for public water supplies. The study showed that forested watersheds normally yielded stream flow with better quality than that from agricultural watersheds. Watersheds of greater percent of pasture area, mean slope, stream segment frequency, and drainage density produced greater concentrations for these five chemical parameters in water samples. Meaningful equations were developed for estimating mean average yields for each chemical parameter for each watershed with R² ranging from 0.77 to 0.96 and standard error of estimates from 17 to 33 percent of the observed means.     

APPROACHES TO WATER RESOURCE POLICY AND PLANNING IN TEXAS1

ABSTRACT: Texas is one of the states in which limitations in water supplies could severely constrain economic growth in certain areas. The traditional planning approach for addressing this problem has involved devising schemes for large water development projects, which for many years included the importation of water from other states. Now the attitude towards water resource management is changing, and it is generally agreed that better management of existing supplies is the preferred approach. In this paper we review some of the changes that have recently occurred in Texas, including attempts to streamline the water institutions in such a way that they might be more responsive to the need for more comprehensive management of water resources statewide, with greater emphasis on social and environmental concerns.     

LARGE AREA HYDROLOGIC MODELING AND ASSESSMENT PART I: MODEL DEVELOPMENT1

ABSTRACT: A conceptual, continuous time model called SWAT (Soil and Water Assessment Tool) was developed to assist water resource managers in assessing the impact of management on water supplies and nonpoint source pollution in watersheds and large river basins. The model is currently being utilized in several large area projects by EPA, NOAA, NRCS and others to estimate the off-site impacts of climate and management on water use, non-point source loadings, and pesticide contamination. Model development, operation, limitations, and assumptions are discussed and components of the model are described. In Part II, a GIS input/output interface is presented along with model validation on three basins within the Upper Trinity basin in Texas.     

THE STRUCTURE AND ROLE OF RIVER AUTHORITIES IN TEXAS1

ABSTRACT: Texas river authorities are a type of large, regional water district that must be financially self-sufficient. An institutional and historical study of Texas river authorities reveals the broad power of these organizations and their influence in water management. River authorities now control 25 percent of surface water deliveries in Texas. Over two-thirds of authority water was developed by river authorities; nearly one-third was purchased from private or public ventures. While river authority activities have been effective where these services are marketable, the provision of public good services is limited. Increased visibility of these organizations is paralleled by challenges to their traditional autonomy.     

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.     

The Water Market for the Middle and Lower Portions of the Texas Rio Grande Basin1

Leidner, Andrew J., M. Edward Rister, Ronald D. Lacewell, and Allen W. Sturdivant, 2011. The Water Market for the Middle and Lower Portions of the Texas Rio Grande Basin. Journal of the American Water Resources Association (JAWRA) 47(3):597‐610. DOI: 10.1111/j.1752‐1688.2011.00527.x Abstract: Regional water management on the United States’ side of the middle and lower portions of the Rio Grande basin of Texas has been aided by a functioning water market since the early 1970s. The water market operates over a region that stretches from the Amistad Reservoir to the Rio Grande’s terminus into the Gulf of Mexico. This article provides an overview of the organizations, institutions, policies, and geographic particulars of the region’s water‐management system and its water market. In recent years, this region has experienced high population growth, periodic droughts, and a reallocation of water resources from the area’s agricultural sector to the municipal sector. Demand growth for potable water and a relatively fixed supply of raw water are reflected in increasing prices for domestic, municipal, and industrial water rights. Rising prices in the presence of scarcity and the transfer of water from lower‐value to higher‐value uses indicate that the market is operating as suggested by economic theory. Reasons for the market’s functionality are presented and discussed. Finally, suggestions are presented which might mitigate potential complications to market operations from aquifer depletion and aid the management of instream river flows.     

Potential Economic Impacts of Environmental Flows Following a Possible Listing of Endangered Texas Freshwater Mussels

Texas water resources, already taxed by drought and population growth, could be further stressed by possible listings of endangered aquatic species. This study estimated potential economic impacts of environmental flows (EFs) for five freshwater unionid mussels in three Central Texas basins (Brazos, Colorado, and Guadalupe‐San Antonio Rivers) that encompass 36% of Texas (~246,000 km²). A water availability model projected reductions in water supply to power, commercial and industrial, municipal, and agriculture sectors in response to possible EFs for mussels. Single‐year economic impacts were calculated using publicly available data with and without water transfers. Benefits of EFs should also be assessed, should critical habitat be proposed. Potential economic losses were highest during droughts, but were nominal (<$1 M) in wetter years — even with high EFs. Reduced supplies to San Antonio area power plants caused worst‐case impacts of a single‐year shutdown up to $107 million (M) during drought with high EFs. For other sectors in the study area, water transfers reduced worst‐case losses from $80 to $11 M per year. Implementing innovative water management strategies such as water markets, conjunctive use of surface water and groundwater, aquifer storage and recovery could mitigate economic impacts if mussels — or other widely distributed aquatic species — were listed. However, approaches for defining EFs and strategies for mitigating economic impacts of EFs are needed.     

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.     

EVAPOTRANSPIRATION FROM WATER HYACINTH (Eichhomia crassipes (Mart.) Solms) IN TEXAS RESERVOIRS1

ABSTRACT: Water hyacinth, an attractive, floating aquatic plant, poses a substantial threat of unanticipated water loss from Texas reservoirs. A mature plant will lose about three times as much water through evapotranspiration as is lost from evaporation of an equivalent area of open water. The reservoirs of east and southeast Texas, which comprise the bulk of the state's existing and planned water storage capacity, seem likely to suffer a 20 percent average surface infestation of water hyacinth. A coverage that great will result in a yearly net loss of over 2,000,000 acre-feet of impounded water, based on present water development plans for the state. This would amount to nearly 20 percent of the anticipated yield from the reservoirs affected. An effective aquatic plant control program could head off the threat of this significant water loss.     

WATER ALLOCATION POLICY MODELING FOR THE DONG NAI RIVER BASIN: AN INTEGRATED PERSPECTIVE1

Abstract: Recent water sector reforms and increased scarcity and vulnerability of water resources, combined with declining public funding available for large scale infrastructure investment in the sector, have led to a greater awareness by the Government of Vietnam for the need to analyze water resource allocation and use in an integrated fashion, at the basin scale, and from a perspective of economic efficiency. In this study we focus on the development, application, and selected policy analyses using an integrated economic hydrologic river basin model for the Dong Nai River Basin in southern Vietnam. The model framework depicts the sectoral structure and location of water users (agriculture, industry, hydropower, domestic, and the environment) and the institutions for water allocation in the basin. Water benefit functions are developed for the major water uses subject to physical limitations and to constraints of system control and policy. Based on this modeling framework, we will analyze policies that can affect water allocation and use at the basin level, including both basin-specific and general macroeconomic policies.     

WATER CONSERVATION IN CASABLANCA,MOROCCO1

ABSTRACT: This study examines water consumption characteristics in Casablanca and analyzes approaches for sustainable water demand management. Research procedures involve the development and estimation of water demand models for the residential/commercial, industrial, and institutional sectors; forecasts of water demand to 2010; and simulation of the effects of a complex of water conservation methods on the forecasted demands. The results indicate that residential/commercial water demand is weakly responsive to price changes (elasticity =?0.448) while institutional water demand is slightly more responsive (elasticity =?0.648). The conservation approaches used in the simulations included public education, plumbing code revisions to require use of water conservation devices, leak detection and repair, pricing policy, metering, and pressure reduction. The results indicate that considerable saving in water use can be attained through a comprehensive water demand management program.     

WATERLAW AND THE HYDROLOGIC CYCLE: A TEXAS EXAMPLE1

ABSTRACT Scientists usually regard all water as merely passing through, but in different phases of, the endless hydrologic cycle. The law divides water in the cycle into several different classes. Each is treated separately and generally without consideration of interconnections existing within the cycle. Different rules of law have arisen concerning the ownership and use of each legal class. Under Texas law several classes of surface and ground water are recognized, and weather modification efforts bring yet another class, atmospheric moisture, under consideration. It is instructive to follow water moving through the hydrologic cycle in the Nueces River basin, Texas, as a framework for discussing the substantial interconnections between the various legal classes of water and the difficulties that arise from attempts to apply different rules of law to each class. Strictures imposed by Texas water law can seriously interfer with coordinated, efficient use and management of water resources, as evidenced by the Nueces River basin. Well-recognized, existing water rights in the several phases of the hydrologic cycle make change of these institutional constraints difficult to achieve.     

GEOGRAPHIC INFORMATION SYSTEMS AS A TOOL IN WATER USE DATA MANAGEMENT1

ABSTRACT: The temporal and locational attributes of water use data are ideally suited for analysis using a geographic information system (GIS) approach. A GIS combines spatial database management, statistical analysis, and cartographic modelling capabilities within a computer hardware and software configuration. Texas water use data for selected categories in 1980 and 1986 were analyzed using ARC/INFO to demonstrate the utility of GIS for water resource information management. Examples of data analysis and display are presented to illustrate the effectiveness of cartographic representations to communicate water use data.     

德国水法发展对我国治水的借鉴意义

本文从深受欧盟水政策影响的德国水治理的历史发展和基础理念出发,对德国《水平衡管理法》的法规框架和总则进行了阐述、分析与比较。德国经验表明,在法治框架下,依可根据持续性原则,对水事进行综合治理。只有根据可持续性原则和通过法治,才能长期确保水安全,维护人与自然的和谐,保持水体清洁和维护生态平衡,确保当代及后代人的环境与发展权。水事综合治理原则不仅要通过协调水体使用与保护之间的关系,来调整环保在相对于经济和社会的传统不平衡地位,更要遵循自然水循环的本质特征。建议我国在《水污染防治法》的修订中,需要基于我国现实技术支撑的易操作制度,来实践可持续性原则和水事综合治理原则,强化法律间的协调。同时,还在立法技术上提出了若干建议。