WATER RIGHTS,EMINENT DOMAIN,AND THE PUBLIC TRUST1

ABSTRACT: Faced with the necessity of meeting growing municipal water requirements in areas where available supplies are completely allocated, numerous cities throughout the West are turning to their eminent domain powers to affect a reallocation of water from less preferred uses to municipal uses, thus bringing about a sharp conflict with agricultural interests. As a basis for discussing these eminent domain powers, this paper begins with a brief review of the development of property rights. The existence of both private and public (social) rights in the “bundle of rights” is noted. In recent years the Public Trust Doctrine has been used to limit private rights in property, and to protect and strengthen social rights. A case study which focuses on a conflict between individual and social interests in water rights is discussed. This case involves the City of Thorton, Colorado which initiated municipal condemnation proceedings to acquire the water rights and structures of two nearby irrigation companies. The case represents an attempt to incorporate the spirit of the Public Trust Doctrine into legislation which sets forth procedures for resolution of similar water rights conflicts that will inevitably become more numerous throughout the West in the future.     

Investigation of real-life operating patterns of wood-burning appliances using stack temperature data

ABSTRACT

A study was undertaken to identify patterns of consumer use of outdoor wood boilers or outdoor wood furnaces (technically referred to as outdoor wood-fired hydronic heaters (OWHHs)) and indoor wood stoves (IWSs) to inform the development of performance testing protocols that reflect real-life operating conditions. These devices are manually fed, and their usage protocols are a function of a number of variables, including user habits, household characteristics, and environmental factors. In this study, researchers logged the stack wall temperatures of 4 OWHH and 20 IWS units in the states of New York and Washington over two heating seasons. Stack wall temperature is an indicator of changes in combustion modes. Two algorithms were developed to identify usage modes and cold and warm start refueling events from the stack wall temperature time series. A linear correlation analysis was conducted to evaluate the effect of heat demand on usage patterns. The results and methods presented here will inform the cataloging of typical operational patterns of OWHHs and IWSs as a step in the development of performance testing procedures that represent actual in-home usage patterns.

Implications: Current US regulatory programs for residential wood heating use a certification program to assess emissions and efficiency performance. Testing under this program uses a test that burns 100% of a single, standardized wood fuel charge to assess performance at different steady-state load conditions. This study assessed in-field operational patterns to determine if the current certification approach accurately characterized typical homeowner use patterns. The data from this study can be used to inform revisions to testing methods to increase certification test comparability between lab and field performance.     

Ecosystem responses to climate change at a Low Arctic and a High Arctic long-term research site

Long-term measurements of ecological effects of warming are often not statistically significant because of annual variability or signal noise. These are reduced in indicators that filter or reduce the noise around the signal and allow effects of climate warming to emerge. In this way, certain indicators act as medium pass filters integrating the signal over years-to-decades. In the Alaskan Arctic, the 25-year record of warming of air temperature revealed no significant trend, yet environmental and ecological changes prove that warming is affecting the ecosystem. The useful indicators are deep permafrost temperatures, vegetation and shrub biomass, satellite measures of canopy reflectance (NDVI), and chemical measures of soil weathering. In contrast, the 18-year record in the Greenland Arctic revealed an extremely high summer air-warming of 1.3 °C/decade; the cover of some plant species increased while the cover of others decreased. Useful indicators of change are NDVI and the active layer thickness.     

Application of automated mass spectrometry deconvolution and identification software for pesticide analysis in surface waters

A new approach to surface water analysis has been investigated in order to enhance the detection of different organic contaminants in Nathan Creek, British Columbia. Water samples from Nathan Creek were prepared by liquid/liquid extraction using dichloromethane (DCM) as an extraction solvent and analyzed by gas chromatography mass spectrometry method in scan mode (GC-MS scan). To increase sensitivity for pesticides detection, acquired scan data were further analyzed by Automated Mass Spectrometry Deconvolution and Identification Software (AMDIS) incorporated into the Agilent Deconvolution Reporting Software (DRS), which also includes mass spectral libraries for 567 pesticides. Extracts were reanalyzed by gas chromatography mass spectrometry single ion monitoring (GC-MS-SIM) to confirm and quantitate detected pesticides. Pesticides: atrazine, dimethoate, diazinone, metalaxyl, myclobutanil, napropamide, oxadiazon, propazine and simazine were detected at three sampling sites on the mainstream of the Nathan Creek. Results of the study are further discussed in terms of detectivity and identification level for each pesticide found. The proposed approach of monitoring pesticides in surface waters enables their detection and identification at trace levels.     

The midlatitude North American background aerosol and global aerosol variation

Protocols for the particulate matter (PM) National Ambient Air Quality Standards (NAAQS), and the Regional Haze Rule (RHR) give two complementary definitions for "natural" background airborne particle concentrations in the United States. The definition for the NAAQS derives largely from reported annual averages, whereas the definition for the RHR takes into account the frequency of occurrence of a range of visibility conditions estimated using fine particle composition. These definitions are simple, static representations of background or "unmanageable" aerosol conditions in the United States. An accumulation of data from rural-remote sites representing global conditions indicates that the airborne particle concentrations are highly variable. Observational campaigns show weather-related variations, including incidents of regional or intercontinental transport of pollution that influence background aerosol levels over midlatitude North America. Defining a background in North America based on long-term observations relies mainly on the remote-rural IMPROVE network in the United States, with a few additional measurements from Canada. Examination of the frequency of occurrence of mass concentrations and particle components provides insight not only about annual median conditions but also the variability of apparent background conditions. The results of this analysis suggest that a more elaborate approach to defining an unmanageable background could improve the present approach taken for information input into the U.S. regulatory process. An approach interpreting the continental gradients in fine PM (PM2.5) concentrations and composition may be warranted.     

Satellites viewing our world: The NASA landsat and the NOAA SMS/GOES

Thousands of individuals throughout the world are now users of satellite data. Hundreds of satellites have been launched—military, navigation, communications, educational, weather, and earth resources. One of the weather satellites (the SMS/GOES) and the NASA earth resources mapping satellite (Landsat) are the subjects of this article. Data from these systems have been highly cost beneficial, not only in the United States, but in developed and developing nations all over the globe as well. There is an increasing demand both for data and for training in data use.Data samples are shown and applications are discussed. Strong reference is made to the value of the digital computer in natural and man-made features mapping and monitoring. Procedures for acquiring NASA data are explained so that the reader may order data for his home region, or for other regions throughout the world which are of interest for their agriculture, forestry, hydrology, marine resources, geology, or land use. The cost of data is incredibly low; some products cost as little as three dollars.Also discussed are the remotely based data-collection platforms that acquire ground or water data daily and relay results to the NASA Landsat or to the NOAA SMS/GOES.     

Stream buffer effectiveness in an agriculturally influenced area, southwestern Georgia: responses of water quality, macroinvertebrates, and amphibians

To determine useful metrics for assessing stream water quality in the Southeastern Coastal Plain, we examined differences among two buffered and three unbuffered streams in an agricultural landscape in southwestern Georgia. Potential indicators included amphibian diversity and abundance, aquatic macroinvertebrate populations, riparian vegetative structure, water quality, and stream physical parameters. Variability among sites and treatments (buffered vs. unbuffered) existed, with sites in the same treatment as most similar, and disturbances from a nearby eroding gully strongly affecting one unbuffered site. Of the invertebrate metrics examined, percentages of clingers, Ephemeroptera-Plecoptera-Trichoptera (EPT), Elmidae (Coleoptera), Crustacea (Decapoda and Amphipoda), and dipterans were found to be possible indicators of stream health for perennial streams within this region. Overall, buffered sites showed higher percentages of sensitive invertebrate groups and showed lower and more stable concentrations of nitrate N, suspended solids, and fecal coliforms (FCs). Percent canopy cover was similar among sites; however, riparian vegetative coverage and percent leaf litter were greatest at buffered sites. No differences in amphibian abundance, presence, and absence within the riparian area were apparent between sites; however, instream larval salamanders were more abundant at buffered streams. In this study, stream buffers appeared to decrease nutrient and sediment loads to adjacent streams, enhancing overall water quality. Selected benthic macroinvertebrate metrics and amphibian abundance also appeared sensitive to agricultural influences. Amphibians show potential as indicator candidates, however further information is needed on their responses and tolerances to disturbances from the microhabitat to landscape levels.     

Subcellular localisation and identification of95mTc- and241Am-binding ligands in the hepatopancreas of the lobsterHomarus gammarus

Following uptake of technetium-95m and americium-241 by lobsters (Homarus gammarus) from food, the subcellular distribution and binding in the major organ of accumulation, the digestive gland, were analysed.^95mTc was predominantly bound to soluble proteins; approximately 40% was bound to two proteins displaying the same elution characteristics as Cdthioneins as indicated by gel permeation and ion-exchange chromatography, indicating reduction and sequestration by metallothionein in vivo. The identity of a third anionic low molecular weight Tc-binding component was not established. No evidence was found for binding of Tc to haemocyanin, ferritin or transferrin. Particulate Tc [probably TcO(OH)₂] was bound to plasma membranes and was also present in lysosomes, indicating reduction of pertechnetate and pinocytosis in the digestive gland. In contrast,²⁴¹Am was mainly sequestered by the lysosomal/vacuolar system, indicative of uptake by pinocytosis. Approximately 2 to 3% of the Am was bound to ferritin and 20% was bound to unidentified ligands of 10 and 20 kdaltons mol. wt. There was no evidence for sequestration of Am by metallothionein. These studies prove that waste radionuclides discharged by the nuclear industry are metabolically active and enter the normal metal metabolism and detoxication pathways of a marine shellfish.     

The channels of the effect of government expenditure on the environment: evidence using dynamic panel data

This paper explores the relationship between government spending and environmental quality using panel data for 94 countries for the period 1970–2008. We identify and estimate three distinct channels that comprise the total direct effect of government expenditure on air pollution, namely a marginal effect, an effect conditional on economic growth and an effect conditional on institutional quality. Since adjustment rate of emissions to their equilibrium level is slow due to technological and institutional reasons, we explicitly take into account dynamics by applying appropriate econometric methods. The results demonstrate that there is a significant alleviating direct effect of government expenditure on SO₂ and NO_x emissions, which increases with the level of economic growth and democracy. However, there is no evidence of a significant effect on pollutants with more global impact on the environment and human health, like N₂O and CO₂, implying that the adoption of international environmental treaties is required in this case.     

Techno-economic evaluation of ultrasound and thermal pretreatments for enhanced anaerobic digestion of municipal waste activated sludge

To enhance the anaerobic digestion of municipal waste-activated sludge (WAS), ultrasound, thermal, and ultrasound + thermal (combined) pretreatments were conducted using three ultrasound specific energy inputs (1000, 5000, and 10,000 kJ/kg TSS) and three thermal pretreatment temperatures (50, 70 and 90 °C). Prior to anaerobic digestion, combined pretreatments significantly improved volatile suspended solid (VSS) reduction by 29-38%. The largest increase in methane production (30%) was observed after 30 min of 90 °C pretreatment followed by 10,000 kJ/kg TSS ultrasound pretreatment. Combined pretreatments improved the dimethyl sulfide (DMS) removal efficiency by 42-72% but did not show any further improvement in hydrogen sulfide (H₂S) removal when compared with ultrasound and thermal pretreatments alone. Economic analysis showed that combined pretreatments with 1000 kJ/kg TSS specific energy and differing thermal pretreatments (50-90 °C) can reduce operating costs by $44-66/ton dry solid when compared to conventional anaerobic digestion without pretreatments.