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.     

MANAGEMENT ASPECTS OF CYCLIC STORAGE OF WATER IN AQUIFER SYSTEMS1

ABSTRACT: Most of California's precipitation falls at the wrong place in the wrong season in relation to the water needs. Redistribution and regulation are essential. Aquifer systems – groundwater basins – can provide a share of the future cyclic storage regulation. There are some differences in management concepts in using a full basin in comparison with a partially dewatered basin. Legal, water quality, and physical impacts on aquifer systems, including subsidence, are concerns. Storage may be for the benefit of overlying water users or for distant areas. Extraction during dry periods or recharge methods will require careful planning. Existing rights and uses and equitable treatment of all parties must be assured. Financial compensation may be involved. Changes in methods of operation or degree of self-determination by affected water agencies will require committed watermanship to resolve. Legislation or amendments to organic acts may be needed but much can be accomplished within existing statutes. Environmental impacts which can be avoided by not using large surface storage sites are important. Energy for pumping will be a key consideration. About 40 percent of California is underlain by aquifer systems. This resource offers major potential in overcoming the maldistribution of natural water resources.     

ESTIMATING THE PROBABILITY OF EXCEEDING GROUNDWATER QUALITY STANDARDS1

ABSTRACT: A model for estimating the probability of exceeding groundwater quality standards at environmental receptors based on a simple contaminant transport model is described. The model is intended for locations where knowledge about site-specific hydrogeologic conditions is limited. An efficient implementation methodology using numerical Monte Carlo simulation is presented. The uncertainty in the contaminant transport system due to uncertainty in the hydraulic conductivity is directly calculated in the Monte Carlo simulations. Numerous variations of the deterministic parameters of the model provide an indication of the change in exceedance probability with change in parameter value. The results of these variations for a generic example are presented in a concise graphical form which provides insight into the topology of the exceedance probability surface. This surface can be used to assess the impact of the various parameters on exceedance probability.     

IMPACTS OF RESIDENTIAL WATER REUSE IN THE TUCSON AREA1

ABSTRACT: Groundwater pumping constitutes approximately 100 percent of the water supply in the Tucson Active Management Area (AMA), Arizona. The current annual overdraft approaches 250,000 acre-feet, but the goal of the AMA is to eliminate the overdraft by the year 2025. Urban water reuse, if implemented by only 30 percent of the area's projected population, would reduce the annual ground-water overdraft by 25,000 acre-feet.     

EFFECTS OF ARTIFICIAL RECHARGE ON GROUND WATER QUALITY AND AQUIFER STORAGE RECOVERY1

ABSTRACT: Ground water nitrate contamination and water level decline are common concern in Nebraska. Effects of artificial recharge on ground water quality and aquifer storage recovery (ASR) were studied with spreading basins constructed in the highly agricultural region of the Central Platte, Nebraska. A total of 1.10 million m³ of Platte River water recharged the aquifer through 5000 m² of the recharge basins during 1992, 1993, and 1994. This is equivalent to the quantity needed to completely displace the ground water beneath 34 ha of the local primary aquifer with 13 m thickness and 0.25 porosity. Successful NO₃-N remediation was documented beneath and downgradient of the recharge basins, where NO₃-N declined from 20 to 2 mg L^-1. Ground water atrazine concentrations at the site decreased from 2 to 0.2 mg L^-1 due to recharge. Both NO₃-N and atrazine contamination dramatically improved from concentrations exceeding the maximum contaminant levels to those of drinking water quality. The water table at the site rose rapidly in response to recharge during the early stage then leveled off as infiltration rates declined. At the end of the 1992 recharge season, the water table 12 m downgradient from the basins was elevated 1.36 m above the preproject level; however, at the end of the 1993 recharge season, any increase in the water table from artificial recharge was masked by extremely slow infiltration rates and heavy recharge from precipitation from the wettest growing season in over 100 years. The water table rose 1.37 m during the 1994 recharge season. Resultant ground water quality and ASR improvement from the artificial recharge were measured at 1000 m downgradient and 600 m upgradient from the recharge basins. Constant infiltration rates were not sustained in any of the three years, and rates always decreased with time presumably because of clogging. Scraping the basin floor increased infiltration rates. Using a pulsed recharge to create dry and wet cycles and maintaining low standing water heads in the basins appeared to reduce microbial growth, and therefore enhanced infiltration.     

GROUNDWATER MANAGEMENT ON THE TEXAS HIGH PLAINS1

ABSTRACT The effects of major water management practices on the pumping requirement from the Ogallala aquifer are discussed. Demand on the aquifer may be reduced as much as 15 percent by recycling irrigation runoff, 25 percent by recycling irrigation runoff and irrigating with water from playas, and 29 percent by recycling irrigation water in combination with irrigation from playas and artificial recharge of playa water to the aquifer. Other practices that can result in more efficient use of precipitation and groundwater are limited irrigation, land forming, soil profile modification, and improved irrigation systems, thereby reducing the pumping demand on the Ogallala. Additional water supplies can possibly be obtained by water harvesting, weather modification, and water importation. Conclusions reached were that the overdraft on the aquifer can be reduced by the application of sound water management practices on an area-wide basis.     

CRITICAL EVALUATION OF CERTAIN METHODS OF UNSTEADY GROUNDWATER HYDRAULICS1

The basic theories and fundamental assumptions usually employed in the solution of unsteady groundwater flow problems are reviewed critically. The best known method of analysis for such problems is based on the Dupuit-Forchheimer approximation and leads to a nonlinear parabolic differential equation which is generally solved by linearization or numerical methods. The accuracy of the solution to this equation can be improved by use of a different approach which does not employ the Dupuit Forchheimer assumption, but rather is based on a semi-numerical solution of the Laplace equation for quasi-steady conditions. The actual unsteady process is replaced by a sequence of steady-state conditions, and it is assumed that the actual unsteady flow characteristics during a short time interval can be approximated by those associated with “average” steady state flow. The Laplace equation is solved by a semi-discretization method according to which the horizontal coordinate is divided into subintervals, while the vertical coordinate is maintained continuous. The proposed method is applied to a typical tile drainage problem, and, based on a comparison of calculated results with experimental data, the method is evaluated and practical conclusions regarding its applicability are advanced.     

THE ROLE OF AGRICULTURAL GROUNDWATER CONSERVATION IN ACHIEVING ZERO OVERDRAFT IN ARIZONA1

ABSTRACT: The elimination of groundwater overdraft was a key feature of the 1980 Arizona Groundwater Management Act. To achieve this goal, the Arizona Department of Water Resources identified several Active Management Areas and developed urban, industrial, and agricultural water conservation plans. This study examines the reductions in groundwater use through agricultural water conservation in the Phoenix Active Management Area (AMA). Linear programming models are developed to analyze changes in groundwater use and net returns to agriculture over a 38-year period, 1990 to 2025, for farming areas in the Phoenix AMA. Results indicate that the agricultural conservation program provides only modest groundwater savings under a wide range of scenarios. The low level of savings is partly due to the current economically efficient use of water. Other policy measures such as retiring agricultural land may be necessary if the Phoenix AMA is to meet its overdraft reduction goals; even if urban water conservation goals are met.     

INTERPRETATION OF THE DUAL PROGRAM FOR OPTIMAL GROUNDWATER HYDRAULIC CONTROL1

ABSTRACT: Optimization formulations for hydraulic control that take the form of linear programs possess a corresponding dual linear program. The economic and physical interpretations of the dual linear program are examined for formulations in which hydraulic head in groundwater systems is constiained. In each case it is shown that the dual linear program has a physically meaningful interpretation. For a hydraulic gradient control formulation used for remedial analysis it is shown that the dual variable can be interpreted as the remedial benefit due to each gradient control constraint. The dual linear program maximizes the remedial benefit. The value of the dual variable can be used to compute such useful properties as the total remedial benefit of pumping at a specific location. For a formulation that optimizes aquifer yield while constraining drawdown the dual variable can be used to measure the total cost of drawdown capacity consumption per unit of pumping at a specific location. The dual program minimizes the cost of drawdown capacity consumption. By examining the meaning of the dual linear program an alternate statement of the problem under study is revealed. Quantities arising from the dual program add to the value of the optimization approach. Significant new information can be derived from existing linear optimization formulations with minimal additional computational effort.     

GEOCHEMICAL INTERPRETATIONS OF GROUNDWATER FLOW SYSTEMS1

ABSTRACT. Interest in the geochemistry of groundwater is increasing owing to the great number of current projects involving underground liquid waste storage, artificial recharge of potable water, accidental contamination of groundwater bodies, sanitary landfills, and pollution monitoring. Geochemical techniques used to facilitate the understanding of a groundwater system range from extremely simple to those requiring sophisticated theories, equipment, and procedures. An interpretation of the simple trilinear diagram for samples collected from the Yucatan Peninsula of Mexico provided evidence that the fresh-water body was only a few tens of meters thick and was underlain everywhere by an extensive body of salt water. A geochemical technique that has been used effectively to identify the source of salt water in coastal aquifers is measurement of the carbon-14 concentrations. Carbon-14 has been used in a regional carbonate aquifer to determine the velocity of groundwater movement, rates of chemical reactions, and distribution of hydraulic conductivity. The application of principles of irreversible thermodynamics to groundwater systems provides a basis for constructing models which permit prediction, over both time and space, of changes in head distribution and chemical character of the water resulting from imposed stresses on the system. In essence, proper application of irreversible thermodynamics combines the potential theory of Hubbert with principles of reversible chemical thermodynamics, such as solution of carbonate minerals, to describe and explain controlling chemical reactions and processes of groundwater systems.     

POTENTIAL BENEFITS AND COSTS OF INGROUND STORAGE OF IMPORTED WATER1

ABSTRACT: In the near future, groundwater storage of imported water may become increasingly important as sites for surface storage are less available. This article explores the potential economic costs and benefits of groundwater storage. The costs include capital outlays, maintenance costs, land costs, legal costs, energy costs, and opportunity costs. The benefits include land cost savings, prevention of subsidence, aquifer protection, and higher economic use of surface lands that might be covered by a reservoir.     

DETECTION OF FRESH WATER AQUIFERS IN THE GLACIAL DEPOSITS OF NORTHWESTERN MISSOURI BY GEOELECTRICAL METHODS1

Geoelectrical investigations in Grundy County of northwestern Missouri, where the groundwater resources of the glacial deposits have already been examined through an extensive drilling program by the Missouri Geological Survey and Water Resources, indicate that water-bearing gravel deposits can be distinguished from glacial deposits containing appreciable amounts of clay and limited amounts of water. The Schlumberger method used for the geoelectric depth soundings in the vicinity of the Survey's drillholes demonstrates the exploratory usefulness of the method in that it can partly replace the more expensive procedure of drilling. The method also provides improved interpretation between drillholes. Results of the investigation show that, in the area, clay has a resistivity below 20in, that the fresh water-bearing gravel at the bottom of the buried glacial stream channels has a resisitivity of 40 to 50fim, and that the near surface glacial gravel deposits have a resistivity above lOOfim. Interpretation of the depth soundings and the conductivity of water obtained from a local well implies that its water is drawn from the saline water of the bedrock. A recommendation is made for the quality improvement of this particular well.     

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 OPTIMAL STEADY-STATE IN GROUNDWATER MANAGEMENT1

Groundwater use is likely to be inefficient in the absence of regulation and hence there is substantial interest in optimal groundwater withdrawals over time. Under an optimal regime withdrawals, pumping lifts, and profits converge to steady-state levels. In this paper we show that optimal steady-state lifts, withdrawals, and marginal user costs can be readily calculated for multi-cell models of confined aquifers. Applications to the design of economically efficient groundwater management policies are discussed, comparisons to previous work and to the safe yield concept are made, and an illustrative example is given.     

NONLINEAR SOLUTIONS OF THE BQUSSINESQ EQUATION AND COMPARISONS WITH FIELD OBSERVATIONS1

ABSTRACT: Two models based on variations of the one dimensional Boussinesq equation are presented. The models are formulated by treating each of the two nonlinearities appearing in the equation separately, and the resulting equations are solved by implicit finite difference techniques. The models have been used to predict drawdowns created from large scale pumping at an open coal mine pit dewatering project in Poland. The predictions were found to be in good agreement with data collected over a period of seven years.     

AN ANALYSIS OF PLAYA LAKE WATER UTILIZATION ON THE TEXAS HIGH PLAINS1

ABSTRACT: This paper examines the spatial, temporal and legal aspects of playa lake water utilization on the semi-arid Texas High Plains. These small basins of interior drainage collect and briefly hold an estimated two to three million acre-feet of runoff water annually, representing from one-fourth to one-third the quantity of groundwater pumped from the dwindling Ogallala aquifer. Once considered a detriment to farming operations, there is now increased interest in using playa water more effectively. At present direct pumping is the chief method of utilization, and modification of lake bottoms to concentrate runoff and reduce evaporation is the most widespread conservation practice. The use of playa water for groundwater reacharge is hampered by as yet unsolved technical problems. For many years the question of ownership of playa water remained unsettled. The Texas Water Rights Commission now classes it as diffused surface water, which under Texas law may be used by the landowner, though some legal problems remain. For play lakes to be effectively integrated into the regional water resource it becomes imperative that all present and prospective water utilization problems be identified and resolved.     

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.     

ON THE CAPACITY-EXPANSION OF DESALINATION PLANTS AND STORAGE TANKS1

ABSTRACT A mathematical programming model is structured to find the optimal time and capacity expansion path of desalination plants and storage tanks for a hypothetical community which depends on desalination as its sole, or major, water supply source. The objective is to determine the least costly combination of sues and times of installation (of both desalting plants and storage tanks) which can meet a rising water demand over a finite planning horizon. The optimality criterion used in the model is based on two major economic elements: the economies of scale inherent in such facilities and the time-value of money represented by the interest rate, the former favoring large capacities and the latter small capacities. The model is applied using three population growth patterns and two interest rates. The water demand components for every year in the planning period are computed using empirical formulas which are based on population and other basic data. The model is solved for each of the above cases with the aid of a computer program based on the method of feasible conjugate directions. The results clearly reflect the balance between the economies of scale and the time-value of money under every demand growth function.     

Comparison of Aquifer Sustainability Under Groundwater Administrations in Oklahoma and Texas1

Mittelstet, Aaron R., Michael D. Smolen, Garey A. Fox, and Damian C. Adams, 2011. Comparison of Aquifer Sustainability Under Groundwater Administrations in Oklahoma and Texas. Journal of the American Water Resources Association (JAWRA) 1‐8. DOI: 10.1111/j.1752‐1688.2011.00524.x Abstract: We compared two approaches to administration of groundwater law on a hydrologic model of the North Canadian River, an alluvial aquifer in northwestern Oklahoma. Oklahoma limits pumping rates to retain 50% aquifer saturated thickness after 20 years of groundwater use. The Texas Panhandle Groundwater Conservation District’s (GCD) rules limit pumping to a rate that consumes no more than 50% of saturated thickness in 50 years, with reevaluation and readjustment of permits every 5 years. Using a hydrologic model (MODFLOW), we simulated river‐groundwater interaction and aquifer dynamics under increasing levels of “development” (i.e., increasing groundwater withdrawals). Oklahoma’s approach initially would limit groundwater extraction more than the GCD approach, but the GCD approach would be more protective in the long run. Under Oklahoma rules more than half of aquifer storage would be depleted when development reaches 65%. Reevaluation of permits under the Texas Panhandle GCD approach would severely limit pumping as the 50% level is approached. Both Oklahoma and Texas Panhandle GCD approaches would deplete alluvial base flow at approximately 10% development. Results suggest periodic review of permits could protect aquifer storage and river base flow. Modeling total aquifer storage is more sensitive to recharge rate and aquifer hydraulic conductivity than to specific yield, while river leakage is most sensitive to aquifer hydraulic conductivity followed by specific yield.     

GROUNDWATER CONTAMINATION BY NEMATICIDES: INFLUENCE OF RECHARGE TIMING UNDER PINEAPPLE CROP1

ABSTRACT: Toxic organic compounds, such as DBCP, EDB, and c TCP, that are associated with pineapple cultivation in Hawaii have been discovered in drinking water wells on Oahu. In order to reach and contaminate the Pearl Harbor aquifer, pesticides must be transported quickly downward away from the soil surface prior to complete volatilization, degradation, or adsorption of residuals. This paper assesses the role of pesticide application timing relative to subsequent rainfall-induced recharge events in determining the amount and extent of chemical leaching from the soil. A water balance model for a pineapple crop is developed to estimate the time series of recharge from two fields for which soil contamination profiles are available. In general, the amounts of DBCP, EDB, and TCP found in the soil profiles of the two fields are consistent with expectations of leaching based on an analysis of the recharge time series. The results indicate that recharge during and immediately following the application of pesticides is important in determining whether groundwater contamination will result.