RIVER RECREATION: PUBLIC ACCESS VS. RIPARIAN RIGHTS1

ABSTRACT: The issues involved in the conflict between the rights of the public and those of riparian landowners are examined by reviewing the public access situation with regard to inland streams in the State of Virginia. Consideration is given to the legal framework defining access rights and to the attitudes of riparian landowners regarding the access question. Existing provisions of law suggest only limited recognition of public rights, but this law is incompletely developed. A considerably broader concept of public rights could be developed within the existing framework due to the existence of unresolved questions. The analysis of landowner attitudes is based on a survey of a sample of riparian owners chosen from throughout the state. The questionnaire used in the survey contained 123 questions in a variety of areas, including landowners' perceptions of public rights, problems encountered as the result of recreational water use, attitudes toward state designation and protection of scenic rivers, and the acceptability of alternatives for increasing public access. Although the survey results indicate substantial acceptance of the concept of public use, the landowners expressed concern over governmental control of land use and did not indicate a generally acceptable means for increasing public use.     

A TREE-RING RECONSTRUCTION OF DROUGHT IN SOUTHERN CALIFORNIA1

ABSTRACT: Indices of annual diameter growth of trees were used to reconstruct drought in southern California back to A.D. 1700. A regional Palmer Drought Index served as predictand and tree-ring indices from eight sites as predictors in multiple linear regression analyses that yielded the prediction (reconstruction) equations. The regression explained 69 percent of the variance in Palmer Index in the period of calibration. The long-term reconstruction indicated that drought was rare in the first half of the current century relative to other discrete 50-year periods, and that based on evidence to date the last half of the 20th century may well turn out to be the most drought prone since A.D. 1700 in southern California.     

DESK TOP METHODOLOGY FOR MODELING BIOCHEMICAL OXYGEN DEMAND IN STREAMS1

: The modeling of dissolved oxygen in streams is a widely used technique, upon which a great deal of money has been spent. This paper concludes that the standard methods of DO modeling by computer are unnecessarily complex, and that for some purposes, they can be replaced without loss of accuracy by desk top BOD models. Taking as an example, a set of data used in DO modeling, it is shown (a) that the data are grossly inconsistent, (b) that simultaneous gathering of data introduces errors in streams of long travel time, (c) that much more data as to pollutant concentrations should have been obtained, and (d) that 24-hour DO data could have been dispensed with.     

THE MILWAUKEE POLLUTION CASE - IMPLICATIONS FOR WATER RESOURCES PLANNING1

ABSTRACT: The Illinois v. Milwaukee Federal District Court decision is the most far reaching application yet of the federal common law of nuisance to interstate water pollution conflicts. Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state regulations. The improvements must be completed with or without federal aid. The case points out the apparent inability of the Clean Water Act, the most comprehensive federal legislation affecting the nation's water quality, to deal with certain interstate water quality conflicts. The Milwaukee decision could set a precedent for similar settlements elsewhere which may in turn affect the U.S. Environmental Protection Agency's water quality clean up program. A more integrated, ecosystem conscious approach to management of shared water resources (e.g., the Great Lakes) would help reduce the need for court decisions like Illinois v. Milwaukee.     

MUNICIPAL WATER CONSERVATION ALTERNATIVES1

ABSTRACT: The municipal water conservation options available to meet the goals of a national water conservation policy are evaluated. Water conservation with water conservation devices is shown to offer many significant advantages over education and pricing and metering as a method of accomplishing water conservation goals. Current constraints on the use of water conservation devices are outlined, and their elimination is suggested if the nation's water conservation goals are to be met.     

The effect of right-turn-on-red on pedestrian and bicyclist accidents

Right-Turn-on-Red (RTOR), in its “Western” version allows motorists to turn right on a red signal after stopping and yielding, unless specifically prohibited by a sign. The objective of this study was to determine the effect of Western RTOR on pedestrian and bicycle accidents in selected jurisdictions adopting the rule in the mid-1970s. The results showed significant increases in pedestrian and bicyclist accidents involving right-turning vehicles at signalized locations following the introduction of Western RTOR. These increases were: 40 % for pedestrians and 82 % for bicycles in New York State; 107 % for pedestrians and 72 % for bicycles in Wisconsin; 57 % for pedestrians and 80 % for bicycles in Ohio; and 82 % for pedestrians in New Orleans. Analysis of police accident reports suggested that drivers stopped for a red light are looking left for a gap in traffic and do not see pedestrians and bicyclists coming from their right. Countermeasure research and development was recommended to deal with this well defined problem which involves between 1 % and 3 % of all pedestrian and bicycle accidents.