Return to the River: Environmental Flow Policy in the United States and Canada1

Abstract: This paper provides an overview and summary of United States and Canadian federal, state, and provincial laws that offer some form of legal protection for environmental flows. Special attention is given to the new “second generation” law established in Texas and to ways western states are beginning to encourage transactions that help restore dewatered streams. Progress in the eastern states and some Canadian provinces to provide environmental flow protection is addressed. Based on this review, this paper presents recommended elements of a “model” environmental flow policy.     

SIMULATION AND DECISIONMAKING: THE PLATTE RIVER BASIN IN NEBRASKA1

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

Conflict Between Establishment of Instream Flows and Other Water Uses on Western Streams1

ABSTRACT: Establishment of minimum stream flows on most streams in arid areas of the west will create serious water conflicts. Much economic activity is dependent upon a limited water supply. to attempt to reallocate water to maintain minimum flows will cause severe disruption to planned uses of water and to weak segments of the economy such as irrigated agriculture.     

CONSTRAINTS IN WATER MANAGEMENT ON AGRICULTURAL LANDS1

ABSTRACT Whether the goal is minimizing water quality degradation in receiving streams or maximizing agricultural production on existing croplands; the solutions are identical - improved water management practices. Technology has succeeded in developing feasible solutions to improving irrigation water management, but the law has been slow to encourage or direct implementation. The villain of the western United States water problem is the property right concept of the appropriation doctrine. Improving water management also implies organizational improvements. Also, the so-called “human factor” involves questions of inefficiency and ineffectiveness, that when examined under the criteria of efficacy, may dictate a policy of continuing present practices in certain localities or regions with little technological intervention. The present effort for improving water quality management implies, therefore, a manyfold attack aimed at increasing project irrigation efficiency and effectiveness, under the larger rubric of efficacy and the achievement of larger social goals.     

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.     

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

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

WESTERN WATER RESOURCES: THE DESERT IS BLOOMING,BUT WILL IT CONTINUE?1

ABSTRACT: The arid Southwest of the United States is confronted with increasing water demands and a limited resource. Past efforts to meet water demand have been directed toward development of scarce water resources. While development programs have been successful in stretching available supply, few feasible development options remain. Furthermore, heavy water utilization has affected water quality within drainage basins. It seems likely that water management will play a much more significant role in water resource allocation in the future. This paper will examine water development activity in the Southwest to date. Attention will be given to several of the problems that have arisen. The paper will then examine water management options. Particular attention will be given to water management options being implemented in the State of Arizona.     

COPING WITH A SEVERE SUSTAINED DROUGHT ON THE COLORADO RWER: INTRODUCTION AND OVERVIEW1

ABSTRACT: In arid regions of rapid economic and population growth, adverse effects of droughts are likely to be increasingly serious. This article presents an introduction and overview of the papers collected in this special issue of the Water Resources Bulletin. The papers report on the second phase of a study of the impacts of and responses to a potential severe sustained drought in the Colorado River Basin in the southwestern U.S. The analyses were performed by a consortium of researchers from universities and the private sector located throughout the Basin. Tree ring studies suggest that droughts of duration and magnitude much more serious than any found in the modern records probably occurred in the Basin during earlier centuries. Taking the present-day configuration of the storage and diversion structures and the economic conditions in the Basin as the base-point, the general objectives of the study are three: first, to define a representative Severe Sustained Drought (SSD) and assess its hydrologic impacts; second, to forecast the economic, social and environmental impacts on the southwestern U.S.; and finally, to assess alternative institutional arrangements for coping with an SSD. The evaluation of impacts and policies was conducted with two distinct modeling approaches. One involved hydrologic-economic optimization modeling where water allocation institutions are decision variables. The second was a simulation-gaming approach which allowed “players” representing each basin state to interact in a real-time decision making mode in response to the unfolding drought.     

珍稀濒危植物保护政策初探

本文根据我国珍稀濒危植物的保护现状和管理工作中存在的问题,系统地探讨了加强我国珍稀濒危植物和野生植物资源保护的政策措施。文中提出一系列具体、有效的政策构思,以及建立政府有关主管部门对珍稀濒危植物协调管理的体制等。