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.     

The evolution of regional cross-border water regimes,the case of Deltarhine

In this study, we look at the evolution of a cooperative water regime in the delta of the Rhine catchment. In a Dutch–German case study, we focus on cross-border cooperation on the local and regional scale, describing and analyzing how a remarkably resilient and robust transboundary water regime has evolved over the course of 50 years. Context-, interest- and knowledge-based explanations contribute important insights into the evolution of the Deltarhine regime, and it is shown that the legal, institutional and socio-economic context shapes and constrains regional cross-border cooperation. Surprisingly in this regard, we find that European water directives have not yet played a decisive, catalyzing role for policy harmonization across borders. Finally, we show that key individuals play a crucial role in regime formation and development. We suggest that the presence of entrepreneurs and leaders adds explanatory power to current conceptual frameworks in international river basin management, thus meriting further research.     

The Transboundary River Nestos and Its Water Quality Assessment: Cross-Border Cooperation between Greece and Bulgaria

Transboundary water resources require the cooperation of the countries involved, not only on the various uses of the water, but also on overall water quality and the protection of ecosystems. Transboundary rivers and their management constitute a contemporary issue of great significance. Cooperation between neighboring countries is not always easy, due to different socio-economic and political conditions. Therefore, the different needs and priorities between the countries involved need to be solved first. Since pollution does not stop at a State border, it is an example of something that can be solved only at the cross-border level. This paper presents the cross-border cooperation between two transnational Institutions; the Aristotle University of Thessaloniki (Greece) and the University of Sofia (Bulgaria), within the framework of Interreg programs. The first collaborated attempt was to carry out a coordinated program for monitoring the pollution of the Nestos River. The second was the protection and restoration of the ecosystem through the education of young engineers and the transfer of experiences and scientific knowledge across the borders.     

NEW DIRECTIONS IN FLOODPLAIN MANAGEMENT1

ABSTRACT: Over the last 30 years, average annual riverine flood damages have exceed $2 billion. Damages associated with the Mississippi River Flood of 1993 exceeded $12 billion and these costs do not include the non-quantifiable, human impacts of this disaster. In a report submitted to the White House in June 1994, a federal interagency floodplain management review committee proposed better ways to manage the nation's floodplains. The committee indicated that the 1993 Mississippi River flood was the result of a significant hydrometeorological event, that federal flood control efforts in the Mississippi basin had prevented nearly $20 billion in potential damages, and that, in spite of federal flood damage reduction efforts, throughout the nation people and property remain at risk to inevitable future flooding. It recommended that the division of decision and cost-sharing responsibilities among federal, state and local governments be more clearly defined, and that the nation adopt a strategy of, sequentially, avoiding inappropriate use of the flood-plain, minimizing vulnerability to damage through both nonstruc-tural and structural means, and mitigating damages as they occur. The report did not call for abandonment of human use of the flood-plain but argued for full consideration of the economic, social and environmental costs and benefits of all future floodplain activity.     

RIVER-QUALITY ASSESSMENTS1

ABSTRACT: In 1972, the U.S. Geological Survey began a pilot program of river-quality assessments. The objectives of the program are (1) to define the character, interrelationships, and apparent causes of existing river-quality problems, and (2) to devise and demonstrate the analytical approaches and the tools and methodologies needed for developing water-quality information that will provide a sound technical basis for planners and managers to use in assessing river-quality problems and evaluating management alternatives. The most noteworthy finding of a pilot assessment of the Willamette River basin, Oregon, was that across-the-board advanced waste treatment was not the answer to the problem of meeting stringent water-quality standards established for the river. The assessment also found that existing water-quality data generally are inadequate for defining the critical cause-effect relationships that control river-quality problems and that intensive, synoptic surveys keyed to local problems and conditions would be required in most river basins to develop an adequate information base for managing important river-quality problems. The study illustrated that rigid nationwide standards and regulations are likely to result in unneeded expenditures in some river basins and in undesirable quality in others.     

FLOOD DAMAGES IN CHANGING FLOOD PLAINS: A FORENSIC‐HYDROLOGIC CASE STUDY1

ABSTRACT: Hydraulic modification of flood plains by human activity is the primary cause of rising flood damages throughout the world. As flood‐plain hydraulic roughness increases, so does the water level for a fixed flow rate. This raises the flood damage associated with a flood of given return period, and thus, magnifies the flood risk. This article presents an approach that integrates climatic, hydrologic, and hydraulic principles and presents models to discern the probable causes of flood damage in a basin that undergoes flood‐plain development. The article documents key factors that govern flood damage and presents a case study that illustrates the principles of forensic hydrology in an impacted flood plain. The study demonstrates flood level rise caused by hydraulic alteration of a flood plain between 1969 and 1995 and apportioned the increased water level among agricultural and structural factors located in the study area.     

Stakeholders' views towards flood risk management in the Paz River catchment area of Guatemala and El Salvador

The river Paz is a transboundary river that flows through Guatemala and El Salvador. Its frequent floods endanger the lives and livelihoods of downstream communities. Attempts have previously been made to develop flood management programmes for this watershed. However, these approaches were generally made by high-level governmental institutions with few if any contributions from floodplain communities and other stakeholders. Recognising that public consultation is a key aspect in flood management programmes, we intend in this work to extract different stakeholders' views regarding current and future flooding and flood management programmes in the Paz River basin. This is achieved using Future Scenarios Workshops with a projected time horizon of 30 years. The exercise was expected to identify consensual short- and medium–long-term flood management strategies for the Paz River basin that draws on input from inhabitants of flood-prone areas and other stakeholders.     

Understanding the synchronisms and anachronisms of the Columbia River Treaty in relation to the principles of international water law

Based on the theory of the politics of international law and the hermeneutic theory for international relations, this paper aims to demonstrate how the history and contextual changes within the Columbia River Basin have affected the underlying principles of the Columbia River Treaty with those of international water law.     

Impacts of Variable Climate and Effluent Flows on the Transboundary Santa Cruz Aquifer

Assessing groundwater resources in the arid and semiarid borderlands of the United States and Mexico represents a challenge for land and water managers, particularly in the Transboundary Santa Cruz Aquifer (TSCA). Population growth, residential construction, and industrial activities have increased groundwater demand in the TSCA, in addition to wastewater treatment and sanitation demands. These activities, coupled with climate variability, influence the hydrology of the TSCA and emphasize the need for groundwater assessment tools for decision‐making purposes. This study assesses the impacts of changes in groundwater demand, effluent discharge, and climate uncertainties within the TSCA from downstream of the Nogales International Wastewater Treatment Plant to the northern boundary of the Santa Cruz Active Management Area. We use a conceptual water budget model to analyze the long‐term impact of the different components of potential recharge and water losses within the aquifer. Modeling results project a future that ranges from severe long‐term drying to positive wetting. This research improves the understanding of the impact of natural and anthropogenic variables on water sustainability, with an accessible methodology that can be globally applied.     

POLICY DROUGIT: THE CASE OF SOUTH FLORIDA1

ABSTRACT: In this paper, we review recent experience with drought in south Florida, and report some results of a study of the likely agricultural economic impacts of drought. Our conclusions can be summarized as follows. (1) Whether a period of low rainfall becomes a “drought” in south Florida is determined largely by institutional factors. (2) The impacts of a drought event are dependent on the rules the Water Management District uses to manage the event. If the rules involve effective reductions in irrigation supply, the financial impacts may be large, but are sensitive to the way in which cutbacks are imposed. (3) Current drought management regulations do not appear to minimize the short-run cost of drought. (4) Current policies which seek to minimize the short-run cost of drought are inconsistent with dynamically-optimal policies.     

THE IMPACTS OF CLIMATIC CHANGES FOR WATER RESOURCES OF THE COLORADO AND SACRAMENTO-SAN JOAQUIN RIVER BASINS1

ABSTRACT: A wide variety of regional assessments of the water-related impacts of climatic change have been done over the past two decades, using different methods, approaches, climate models, and assumptions. As part of the Water Sector research for the National Assessment of the Implications of Climatic Variability and Change for the United States, several major summaries have been prepared, looking at the differences and similarities in results among regional research projects. Two such summaries are presented here, for the Colorado River Basin and the Sacramento River Basin. Both of these watersheds are vitally important to the social, economic, and ecological character of their regions; both are large snowmelt-driven basins; both have extensive and complex water management systems in place; and both have had numerous, independent studies done on them. This review analyzes the models, methods, climate assumptions, and conclusions from these studies, and places them in the context of the new climate scenarios developed for the National Assessment. Some significant and consistent impacts have been identified for these basins, across a wide range of potential climate changes. Among the most important is the shift in the timing of runoff that results from changes in snowfall and snowmelt dynamics. This shift has been seen in every regional result across these two basins despite differences in models and climate change assumptions. The implications of these impacts for water management, planning, and policy are discussed.     

CONFLICT AND COOPERATION OVER INTERNATIONAL FRESHWATER RESOURCES: INDICATORS OF BASINS AT RISR1

ABSTRACT: In this paper we seek to identify historical indicators of international freshwater conflict and cooperation and to create a framework to identify and evaluate international river basins at potential risk for future conflict. We derived biophysical, socioeco‐nomic, and geopolitical variables at multiple spatial and temporal scales from GIS datasets of international basins and associated countries, and we tested these variables against a database of historical incidents of international water related cooperation and conflict from 1948 to 1999. International relations over freshwater resources were overwhelmingly cooperative and covered a wide range of issues, including water quantity, water quality, joint management, and hydropower. Conflictive relations tended to center on quantity and infrastructure. No single indicator—including climate, water stress, government type, and dependence on water for agriculture or energy—explained conflict/cooperation over water. Even indicators showing a significant correlation with water conflict, such as high population density, low per capita GDP, and overall unfriendly international relations, explained only a small percentage of data variability. The most promising sets of indicators for water conflict were those associated with rapid or extreme physical or institutional change within a basin (e.g., large dams or internationalization of a basin) and the key role of institutional mechanisms, such as freshwater treaties, in mitigating such conflict.     

ECONOMIC FRAMEWORK FOR FLOOD AND SEDIMENT CONTROL WITH DETENTION BASINS1

ABSTRACT: A framework for combining economic factors and the hydrolo of detention basins is provided. The general development of economic production functions for water quality (sediment) and flood control is discussed. Example production functions are generated to compare water quality (sediment control only) and flood control. For the given example, the design of a detention basin for downstream sediment control is economically unwarranted. When compared to on-site detention facilities, regional detention structures appear to be more practical from an economic standpoint for water quality control. Since sediment was the only water quality parameter assessed, it is entirely possible that the design of a detention basin for water quality control would be justified if the effects of all pollutants of concern could be quantified. Policy aspects of detention facilities that relate to the economics of water quality control are also discussed.     

HYDROLOGIC AND ECONOMIC IMPACTS OF DROUGHT UNDER ALTERNATWE POLICY RESPONSES1

ABSTRACT: A severe sustained drought in the Colorado River Basin would cause economic damages throughout the Basin. An integrated hydrologic-economic-institutional model introduced here shows that consumptive water users in headwaters states are particularly vulnerable to very large shortfalls and hence large damages because their rights are effectively junior to downstream users. Chronic shortfalls to consumptive users relying on diversions in excess of rights under the Colorado River Compact are also possible. Nonconsumptive water uses (for hydropower and recreation) are severely affected during the worst drought years as instream flows are reduced and reservoirs are depleted. Damages to these uses exceeds those to consumptive uses, with the value of lost hydropower production the single largest economic impact of a severe sustained drought. Modeling of alternative policy responses to drought suggests three general policy approaches with particular promise for reducing damages. Consumptive use damages can be reduced by over 90 percent through reallocation from low to high valued uses and through reservoir storage strategies which minimize evaporation losses. Reservoir management to preserve minimum power pool levels for hydropower production (and to maintain reservoir recreation) may reduce damages to these nonconsumptive uses by over 30 percent, but it may increase consumptive use shortfalls.     

DUAL PURPOSE DETENTION BASINS IN STORM WATER MANAGEMENT1

Storm water management contributes to flood hazard mitigation; but new approaches now being developed consider also the reduction in particulate pollution and stream erosion. Such approaches involve retardation of storm runoff, or detention programs of some kind, and detention basins are usually required if large storms are to be controlled. The usual concept is that future storms occurring after development should have no more adverse effect than similar storms would have had before development; but a number of different criteria are being used. If control of storms of different sizes is required, only a small amount of additional capacity is required to obtain retention of particulate pollution in the same basin. In at least three different parts of the country, such dual purpose detention basins are being required of developers. In such programs the developers bear the cost, the governmental contributions are not involved.     

A GAMING EVALUATION OF COLORADO RWER DROUGHT MANAGEMENT INSTITUTIONAL OPTIONS1

ABSTRACT: Researchers representing each of the Colorado River Basin states as well as the Secretary of the Interior were presented with an interactive computer simulation of a progressively increasing drought and were given the collective opportunity to change the ways in which basin-wide and within-state water management were conducted. The purpose of this “gaming” exercise was to identify rules for managing the Colorado River which are effective in preventing drought-caused damages to basin water users. This water management game was conducted three times, varying the collective choice roles for management of the river yet staying substantially within the current institution for management of the Colorado River known as the “Law of the River.” The Law of the River was quite effective in minimizing drought impacts upon consumptive water uses. Additional effective drought-coping measures to protect consumptive uses consisted mostly of intrastate water management improvements which states were able to implement independently. The Law of the River did not protect non-consumptive water uses, such as hydroelectric power generation, water-based recreation, endangered species, and water quality from drought, as well as it protected consumptive water uses. Players reached collective choice decisions to cope with rising salinity, equalize storage between the upper and lower basins, and protect endangered species. While these measures had some success, only reductions in withdrawals for consumptive uses, particularly in the upper basin, could have substantially lessened adverse impacts.     

Institutional Constraints on Cost‐Effective Water Management: Selenium Contamination in Colorado's Lower Arkansas River Valley

Ground and surface water selenium (Se) contamination is problematic throughout the world, leading to harmful impacts on aquatic life, wildlife, livestock, and humans. A groundwater reactive transport model was applied to a regional‐scale irrigated groundwater system in the Lower Arkansas River Basin in southeastern Colorado to identify management practices that remediate Se contamination. The system has levels of surface water and groundwater Se concentrations exceeding the respective chronic standard and guidelines. We evaluate potential solutions by combining the transport model with an assessment of the cost to employ those practices. We use a framework common in economics and engineering fields alike, the Pareto frontier, to show the impact of four different best management practices on the tradeoffs between Se and cost objectives. We then extend that analysis to include institutional constraints that affect the economic feasibility associated with each practice. Results indicate that although water‐reducing strategies have the greatest impact on Se, they are the hardest for farmers to implement given constraints common to western water rights institutions. Therefore, our analysis shows that estimating economic and environmental tradeoffs, as is typically done with a Pareto frontier, will not provide an accurate picture of choices available to farmers where institutional constraints should also be considered.     

FLOODPLAIN MANAGEMENT NEEDS PECULIAR TO ARID CLIMATES1

ABSTRACT: Many practices followed uniformly nationwide in the federal flood control and floodplain management programs are inappropriate or even counter productive in the arid Utah climate. An analysis of the 130-year Utah flood history, the structural and nonstructural flood programs in the state, and local perceptions obtained by field visits and interviews in 35 Utah communities revealed a number of such inefficiencies. Since flood flows dissipate quickly when they emerge from mountain watersheds onto desert lowlands, risks are concentrated near the apex of alluvial fans, include hazard from mud as well as water flow, and are compounded by canal interception of flood waters. Because of variation in the area flooded from one event to the next, floodplain mapping has tended to show risks too high in mapped areas and too low outside. Traditional channelization carries floods downstream past where they would dissipate naturally. The federal government needs to become more active in developing better flood hazard delineation and structural and nonstructural designs for arid areas. State government can help by providing a forum where communities can exchange experiences, reviewing structural designs prepared by local government, and providing local communities with technical expertise for dealing with federal agencies.     

CHARACTERIZATION OF HYDROLOGIC CONDITIONS TO SUPPORT PLATTE RIVER SPECIES RECOVERY EFFORTS1

ABSTRACT: Efforts are under way to recover habitat for several threatened and endangered species in and along the Platte River in central Nebraska. A proposed recovery program for these species requires a means of characterizing “wet” versus “normal” versus “dry” hydrologic conditions in order to set corresponding Platte River instream flow targets. Methods of characterizing hydrologic conditions in real time were investigated for this purpose. Initially, 10 watershed variables were identified as potentially valuable indicators of hydrologic conditions. Ultimately, six multiple linear regression equations were developed for six periods of the year using a subset of these variables expressed as frequencies of nonexceedence. The adequacy of these equations for characterizing conditions was assessed by evaluating their historic correlation to subsequent flow in the central Platte River (1947–1994). These equations explained 54 to 82 percent of variability in the observed flow exceedences in the validation datasets, depending upon the period of year evaluated. These equations will provide initial criteria for setting applicable flow targets to determine, in real time, whether water regulation projects associated with the species recovery effort can divert or store flows without conflicting with recovery objectives.     

Delving into the “Institutional Black Box”: Revealing the Attributes of Sustainable Urban Water Management Regimes1

van de Meene, Susan J. and Rebekah R. Brown, 2009. Delving into the “Institutional Black Box”: Revealing the Attributes of Sustainable Urban Water Management Regimes. Journal of the American Water Resources Association (JAWRA) 45(6):1448‐1464. Abstract: This paper is based on the proposition that the transition to sustainable urban water management has been hampered by the lack of insight into attributes of a sustainable urban water regime. Significant progress has been made in developing technical solutions to advance urban water practice, however it is the co‐evolution of the socio‐institutional and technical systems that enable a system‐wide transition. A systematic analysis of 81 empirical studies across a range of practice areas was undertaken to construct a schema of the sustainable urban water regime attributes. Attributes were identified and analyzed using a framework of nested management regime spheres: the administrative and regulatory system, inter‐organizational, intra‐organizational, and human resources spheres. The regime is likely to involve significant stakeholder involvement, collaborative inter‐organizational relationships, flexible and adaptive organizational cultures, and motivated and engaging employees. Comparison of the constructed sustainable and traditional regime attributes reveals that to realize sustainable urban water management in practice a substantial shift in governance is required. This difference emphasizes the critical need for explicitly supported strategies targeted at developing each management regime sphere to further enable change toward sustainable urban water management.