Conditional Water Rights in the Western United States: Introducing Uncertainty to Prior Appropriation?

In the prior‐appropriation water rights regimes that prevail in the arid western United States, claims to annually variable surface water flows are fulfilled based on the order of their establishment. The two‐step process used to establish an appropriative water right in all 17 conterminous western states creates a temporary phase, or conditional water right, which has a priority date but no actual water use. We provide a review of the legal basis for these conditional water rights and demonstrate the potential uncertainty they introduce to current water users. We then present a complete census of conditional water rights in Colorado, including their amounts, ages, and uses. At the end of 2012 there were a large number of conditional water rights in Colorado (some over 90 years old) equal to 61% of the perfected water rights. Many of the controversial conditional water rights in Colorado have been associated with unconventional oil production in the northwestern portion of the state; however, conditional water rights are ubiquitous across the state and across many use types. In several basins, their existence can introduce uncertainty to some of the most senior water rights holders. Nevertheless, in most of the state, the effects of conditional water rights are restricted to a relatively junior class of water users. This work quantifies for the first time the result, in one state, of a peculiar aspect of water law common across all western prior‐appropriation states.     

Östrogenartige wirkungen von bisphenol a auf vorderkiemenschnecken (Mollusca: Gastropoda: Prosobranchia)

Within a Federal Environmental Agency research project to develop a biological test for hormone-mimetic compounds using the freshwater snail Marisa cornuarietis, the effects of the suspected xenoestrogenic substance bisphenol A (BPA), not only on freshwater but also on marine prosobranch snails, were investigated. For the laboratory experiments the ramshorn snail Marisa cornuarietis and the ovoviviparous snail Potamopyrgus antipodarum were considered as freshwater species and two marine prosobranchs, the netted whelk Nassarius reticulatus and the dog whelk Nucella lapillus, were additionally employed. N. reticulatus, as a typical sediment-living species, was exposed via artificial sediments, while the three other prosobranchs were exposed via water. The test series with Marisa cornuarietis covered a nominal concentration range between 1 and 100 μg BPA/l in a 5 month experiment with adult snails and a complete life cycle test for 12 months. Additionally, a third test in the nominal range between 0.05 and 1 μg BPA/l (measured: 0.0079–0.404 μg/l) was performed with adults snails for 6 months. In these experiments, BPA induced a complex syndrome of physiological and morphological alterations in female Marisa referred to as the induction of ‘superfemales’. Affected specimens were characterised by the formation of additional female organs, an enlargement of the accessory pallial sex glands, gross malformations of the pallial oviduct section resulting in an increased female mortality, and a massive stimulation of oocyte and spawning mass production. For these tests, an LOEC of 48.3 ng/l, an NOEC of 7.9 ng/l and an EC₁₀ of 13.9 ng/l were calculated. Superfemales occurred also in the BPA exposure experiment with the other snail species, but comparable oviduct malformations as in Marisa were not found, probably due to species differences in the gross anatomical structure of the pallial oviduct. During the 9 week test with Potamopyrgus antipodarum in the nominal concentration range between 1 and 100 μg/l, BPA induced an enhancement of embryo production even in the sexual repose phase of the reproductive cycle. A characteristic inverted U-type concentration response relationship was found. Nassarius reticulatus was exposed via BPA-spiked artificial sediments (nominal concentration range: 10–1000 μg/kg dry wt.) for 3 months. BPA exhibited a significant and concentration dependent uterotrophic effect which could be detected not only by an enlargement but also by a weight increase of the accessory pallial gland complex in the pallial oviduct section. Adult Nucella lapillus were tested for three months in the laboratory in a nominal concentration range between 1 and 100 μg BPA/l. Superfemales in the dog whelk were also characterised by enlarged accessory pallial sex glands and an enhancement of egg production, but the test compound also affected the males in this species. A lower percentage of exposed specimens had ripe sperm stored in their vesicula seminalis and male Nucella exhibited a reduced length of penis and prostate gland when compared to the control. Because statistically significant effects were observed already at the lowest nominal test concentration (1 μg/l), it can be assumed that even lower concentrations may have a negative impact on the snails. The results show that prosobranch snails are affected by BPA at lower concentrations compared to other systematic taxa in the animal kingdom. Consequently, it has to be claimed that the results of these experiment have to be considered for the current EU risk assessment for BPA in order to achieve a sufficient protection of wildlife in aquatic ecosystems.     

Influence of dung volatiles on the process of resource selection by coprophagous beetles

Summary. Most dung beetles colonize the faeces of several vertebrate species without much discrimination, and are thus often considered as polyphagous. Recent studies have provided evidence for clear feeding preferences in scarab beetles colonizing dung of herbivore species, but little is known about these insects’ abilities to discriminate among odours from faeces of various herbivores. In this study, trophic preferences were examined using blocks of pitfall traps baited with dung from four different herbivore species, i.e., sheep, cattle, horse, and red deer, in a mountainous area of south-central France. 4941 coprophagous scarabs, belonging to 27 species, were captured. Beetles were more attracted to dung of sheep (2257 individuals) than that of cattle (1294 individuals), followed by deer dung (768 individuals) and horse dung (622 individuals). Eleven of the 27 beetle species collected had significant feeding preferences for one of the four dung types. For each insect species, trophic habits did not vary between the two different sites of trapping, an open pasture and a wooded habitat. In laboratory olfactometer bioassays, scarab beetles orientated preferentially towards the dung volatiles from the dung type they preferred in the field. Trypocopris pyrenaeus, Anoplotrupes stercorosus, and Aphodius rufipes were more attracted to volatile compounds from sheep dung, Onthophagus fracticornis significantly preferred horse dung volatiles, and Aphodius haemorrhoidalis responded positively to deer dung odours. The role of dung olfactory cues in the process of resource selection by dung beetles is discussed.     

GEOMORPHIC ANALOGIES FOR ASSESSING PROBABLE CHANNEL RESPONSE TO DAM REMOVAL1

ABSTRACT: There is a pressing need for tools to predict the rates, magnitudes, and mechanisms by which sediment is removed from a reservoir following dam removal, as well as for tools to predict where this sediment will be deposited downstream and how it will impact downstream channel morphology. In the absence of adequate empirical data, a good initial approach is to examine the impacts of dam removal within the context of the geomorphic analogies of channel evolution models and sediment waves. Channel changes at two dam breaching sites in Wisconsin involved a succession of channel forms and processes consistent with an existing channel evolution model. Sediment transported downstream after removal of other dams suggests that reservoir sediment may be translated downstream either as a distinct wave or gradually eroded away. More extensive data collection on existing dam removals is warranted before undertaking the removal of a large number of dams. However, if removal is to proceed based on current knowledge, then geomorphic analogies can be used as the foundation for sediment management and stabilization schemes.     

Variations in the Epiphytic Invertebrate Community Structure on Potamogeton Perfoliatus L. in Traunsee (Austria): Patchiness versus Impacts by Industrial Tailings

The epiphytic invertebrates found on Potamogetonperfoliatus L. in Traunsee, an oligotrophic Alpine lake inAustria, were investigated in August and October 1998 in orderto study the impact of industrial tailings discharged into thelake. 113 taxa were found, 54 could be identified to thespecies level. Their total abundance varied between ca.190,000 and 1,138,000 ind. m^-2 lake bottom area. Thisepiphytic assemblage was dominated by Dreissenapolymorpha and Sida crystallina, which resulted in avery low overall species diversity. Multivariate statisticalanalyses revealed significant differences in the communitystructure between three sites, each of them was located at adifferent distance from the site of industrial waste emission.These differences were interpreted as variations which reflectthe patchiness within highly structured habitats rather thanas being the result of the industrial pollution.