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.     

Measuring runoff-suspended solids using an improved turbidometer method

Differences in particle size distribution between runoff standards and unknown samples affect the accuracy of estimation of total suspended solids (TSS) concentration using the nephelometric turbidity (NTU) method. The objective was to quantify the effects of a sucrose solution as suspending medium and contrasting particle size distribution on nephelometric turbidity and accuracy of TSS estimation. Nineteen benchmark soils varying in texture and color were divided into particle size distribution of <250 and <2000 microm. Soils from these two aggregate classes were then made into suspension ranging from 0.2 to 15 g L-1 using distilled deionized water. Runoff suspensions ranging from 0.2 to 21 g L-1 were also collected from different watersheds. Turbidity of soil and runoff suspensions was measured in sucrose solution and in distilled deionized water. The sucrose solution density ranged from 1.10 to 1.30 kg L-1. Increasing sucrose solution density decreased turbidity. The TSS concentration was most sensitive to changes in turbidity with the 1.30 kg L-1 sucrose solution. Using the 1.30 kg L-1 sucrose solution, particle size bias and error of TSS estimates were decreased by at least 20% compared to distilled deionized water. Reduction in refraction index differences between the suspended particles and sucrose solution combined with reduced particle settling and reduced Brownian motion resulted in dampening the effects of particle size distribution. We propose a sucrose solution of 1.30 kg L-1 as a better suspending medium to dampen the effect of particle size distribution and thus improve suspension TSS concentration estimation.     

Socioecological influences on the dispersal of female mountain gorillas—evidence of a second folivore paradox

Socioecological models indicate that the group structure and female dispersal patterns of primates are determined primarily by the abundance and distribution of food, predation pressures, and infanticide risks. In response to those influences, females of folivorous primates are considered relatively free to disperse into groups with the optimal size and structure. Yet some folivores live in small groups despite a potentially higher risk of predation, an apparent inconsistency known as the folivore paradox. This paper examines the female dispersal of a folivorous primate, the Virunga mountain gorillas. Mountain gorillas currently have no natural predators, but this species presents a different version of the folivore paradox: why do 50–60% of females reside in smaller one-male groups despite a higher risk of infanticide? In this study, females left one-male groups more frequently than multimale groups, but transfer destinations were not consistently biased toward multimale groups and those groups did not have higher immigration rates. We found no evidence of dispersal to avoid feeding competition within large groups, even as they have become three to five times larger than average. Thus, the lack of a consistent bias toward multimale groups was not because they are typically larger than one-male groups. Instead, the apparent inconsistencies may reflect limited female transfer opportunities, other influences on dispersal, and possibly an evolutionary disequilibrium in which current behavior does not optimize fitness.     

Photocatalytic properties of hierarchical CuO nanosheets synthesized by a solution phase method

CuO nanomaterials were synthesized by a simple solution phase method using cetyltrimethylammonium bromide(CTAB) as a surfactant and their photocatalytic property was determined towards the visible-light assisted degradation of Reactive Black-5 dye. A detailed mechanism for the formation of CuO nanostructures has been proposed.The effect of various experimental parameters such as catalyst amount, dye concentration,p H and oxidizing agent on the dye degradation efficiency was studied. About 87% dye was degraded at p H 2 in the presence of CuO nanosheets under visible light. The enhanced photocatalytic activity of CuO nanosheets can be ascribed to good crystallinity, grain size,surface morphology and a strong absorption in the visible region. CuO is found to be a promising catalyst for industrial waste water treatment.     

Analysis of individual year-classes of a marine fish reveals little evidence of first-generation hybrids between cryptic species in sympatric regions

As settled juveniles and adults, blue rockfish (Sebastes mystinus) are nonmigratory inhabitants of kelp and rocky reef habitats along the California coast, USA, and prior to settlement, they possess a pelagic larval and juvenile stage lasting 3–5 months. A previous study of adults revealed two cryptic species within S. mystinus and evidence of reproductive isolation in a region where both cryptic adults co-occur. Given this pattern of reproductive isolation, we investigated the degree of hybridization or introgression in individual year-classes shortly after juvenile settlement in two different years (2001 and 2002). Using microsatellite markers, we found little indication of hybridization in new juvenile year-classes despite an adult population that comprised both cryptic species. However, we found an average of two percent of hybrid or introgressed individuals in regions with a low frequency of one of the two species. Therefore, while the lack of hybrids or introgression supports the hypothesis of reproductive isolation between the cryptic species within S. mystinus, the age-structured analysis also revealed a spatial pattern of low-frequency differences in the number of introgressed individuals. These results suggest that reproductive barriers may breakdown when one of the two species predominates the regional adult gene pool.     

Climate change communication insights from cooperative Extension professionals in the US Southern states: finding common ground

Climate change is often avoided in educational programming due to its perceived polarizing nature. Identifying areas of agreement may help educators introduce climate change topics and help audiences begin to listen. As part of a survey of Extension professionals in the southeastern US, respondents shared their thoughts about climate change. Based on methods used by Maibach, Leiserowitz, Roser-Renouf, and Mertz [(2011). Identifying like-minded audiences for global warming public engagement campaigns: An audience segmentation analysis and tool development. PLoS ONE, 6(3), e17571], we categorized respondents using the Six Americas segments. Qualitative data analysis techniques were applied to identify common themes. Five themes emerged as common across most segments: (1) confusion and mistrust abound, (2) educators face barriers to climate change education, (3) economic aspects of climate change are important, (4) we should be good stewards of Earth, and (5) adaptation is an agreeable strategy. By identifying climate change message frames with which people may agree, regardless of how they feel about climate change, educators may be able to better communicate with broader audiences.     

Successful unsaturated zone treatment of PCE with sodium permanganate

In situ chemical oxidation (ISCO) with permanganate has been widely used for soil and groundwater treatment in the saturated zone. Due to the challenges associated with achieving effective distribution and retention in the unsaturated zone, there is a great interest in developing alternative injection technologies that increase the success of vadose‐zone treatment. The subject site is an active dry cleaner located in Topeka, Kansas. A relatively small area of residual contamination adjacent to the active facility building has been identified as the source of a large sitewide groundwater contamination plume with off‐site receptors. The Kansas Department of Health and Environment (KDHE) currently manages site remedial efforts and chose to pilot‐test ISCO with permanganate for the reduction of perchloroethene (PCE) soil concentrations within the source area. KDHE subsequently contracted Burns & McDonnell to design and implement an ISCO pilot test. A treatability study was performed by Carus Corporation to determine permanganate‐soil‐oxidant‐demand (PSOD) and the required oxidant dosing for the site. The pilot‐test design included an ISCO injection approach that consisted of injecting aqueous sodium permanganate using direct‐push technology with a sealed borehole. During the pilot test, approximately 12,500 pounds of sodium permanganate were injected at a concentration of approximately 3 percent (by weight) using the methods described above. Confirmation soil sampling conducted after the injection event indicated PCE reductions ranging from approximately 79 to more than 99 percent. A follow‐up treatment, consisting of the injection of an additional 6,200 pounds of sodium permanganate, was implemented to address residual soil impacts remaining in the soil source zone. Confirmation soil sampling conducted after the treatment indicated a PCE reduction of greater than 90 percent at the most heavily impacted sample location and additional reductions in four of the six samples collected. © 2009 Wiley Periodicals, Inc.     

Dominance rank differences in the energy intake and expenditure of female Bwindi mountain gorillas

Socioecological models predict that contest competition for clumped foods can lead to higher energy intake and lower energy expenditure for higher-ranking individuals. Here, we examine the relationships between dominance rank and energy intake and expenditure of female mountain gorillas in Bwindi Impenetrable National Park, Uganda (Gorilla beringei beringei). Bwindi gorillas have weak dominance relationships, feed on nonreproductive plant parts throughout the year, and consume fruit when it is seasonally available. We used behavioral observations on one group of gorillas and nutritional analysis of their major food items to calculate energy intake rates and estimated energy expenditure. Using linear mixed models, we found a significant positive relationship between dominance rank and energy intake rates, due to higher-ranking females having faster ingestion rates, rather than consuming foods with higher energy concentrations. Lower-ranking females did not spend significantly more time feeding to compensate for their lower energy intake rates. Lower-ranking females spent significantly more time traveling than higher-ranking females, leading to a negative relationship between dominance rank and energy expenditure. The combined results revealed a significant positive relationship between dominance rank and energy balance. Higher-ranking females did not spend longer feeding on fruit than lower-ranking ones, and the relationship between dominance rank and energy intake rates was not stronger when fruit was available. According to socioecological models, these results suggest that contest competition may be occurring with both fruit and nonreproductive plant parts, which would be consistent with growing evidence that nonreproductive plant parts can be contestable.     

Invasive competitor and native seed predators contribute to rarity of the narrow endemic Astragalus sinuatus Piper

The conservation of rare plant species hinges on our ability to identify the underlying mechanisms that limit rare plant populations. Theory on rarity suggests that both predispersal seed predation and competition can be important mechanisms influencing abundance and/or distribution of rare plant populations. Yet few studies have tested these interactions, and those that have evaluated each mechanism independently. Astragalus sinuatus Piper (Whited's milkvetch) is a narrow endemic plant species restricted to eight populations within a 10-km2 area in eastern Washington. We used experimental and observational methods to test the effects of native insect predispersal seed predators and an invasive grass (Bromus tectorum L. [cheatgrass]) on seed set and population density of A. sinuatus. We quantified per capita seed production and pod predation rates across four sites and among four years. Seed predation rates were high across four sites (66-82%) and all years (65-82%). Experimental reduction of predispersal seed predators significantly increased per capita seed set of A. sinuatus (164-345%) at two experimental sites. Concurrently, two seed addition experiments demonstrated the effect of seed loss and presence of B. tectorum on seedling recruitment and establishment of A. sinuatus over four growing seasons. In the first seed addition experiment, we found no difference in recruitment and establishment between low (40) and high (120) seed addition levels. In the second addition experiment (one level of addition; 40 seeds), we found that recruitment and survivorship increased 200% in plots where B. tectorum was removed compared to plots where B. tectorum was present. Thus, seed addition had no impact in the presence of B. tectorum; conversely, in the absence of B. tectorum, seed addition was highly effective at increasing population numbers. Results suggest that, in areas where B. tectorum is present, recruitment is site limited, and it is seed limited when B. tectorum is absent. We recommend that managers reduce B. tectorum in an effort to increase population growth of A. sinuatus; in areas where B. tectorum is absent, short-term reduction of insect predators should be considered as a strategy to increase population growth of this rare species.