STATE WATER LAW REFORM: IDENTIFYING LEGAL AND MANAGERIAL ISSUES AND OPTIONS1

ABSTRACT: Statutory and case law at the state level provide critical legal frameworks for water management. As many state governments struggle to improve efficiency in water management and resolve conflicts over water usage, they must continually assess the efficacy of their state water law. Most states have water laws that are disconnected and overlapping. This article presents a methodology to assess state water law and take first steps toward a comprehensive state water resources act. The methodology is driven by issues and conflicts in water management. It synthesizes management and legal analyses into a process that incorporates the diverse perspectives of state water stakeholders. The results of the analysis are identification of management issues, profiles of state water law, and explorations of legal options that are available to the state government. Illinois is provided as a case study for this methodology.     

Assessment of GM Crops in Commercial Agriculture

The caliber of recent discourse regarding geneticallymodified organisms (GMOs) has suffered from a lack of consensuson terminology, from the scarcity of evidence upon which toassess risk to health and to the environment, and from valuedifferences between proponents and opponents of GMOs. Towardsaddressing these issues, we present the thesis that GM should bedefined as the forcible insertion of DNA into a host genome,irrespective of the source of the DNA, and exclusive ofconventional or mutation breeding.Some defenders of the commercial use of GMOs have referred to thescientific work of GMO critics as ``junk science.' Such a claim isfalse and misleading, given that many papers critical of both theutility and safety of GMOs have been published in peer reviewedjournals by respected scientists. In contrast, there is a dearthof peer reviewed work to substantiate the frequently heardassertions of either safety or utility in GMOs. The polarity,which now characterizes much of the public discourse on GMOs,reflects not simply scientific disagreement, but alsodisagreement in underlying value assumptions. Value differencesstrongly affect the assessment of both benefit and harm fromGMOs.The concept of substantial equivalence occupies a pivotalposition in the GMO risk assessment process that is used in bothCanada and the US. A GMO judged to be substantially equivalent toa conventional product – as have all submissions to date – ispresumed to be safe enough for commercialization. The conclusionof safety – from both human health and environmental perspectives– should be based on scientific evidence, corroborated by actualexperimentation. However, regulators infer safety largely fromassumptions-based reasoning, with little or no experimentalvalidation. The judgement of safety because of substantialequivalence is a dubious argument by analogy.     

THE INFLUENCE OF CLIMATE VARIATION ON THE ESTIMATION OF LOW FLOWS USED TO PROTECT WATER QUALITY: A NATIONWIDE ASSESSMENT1

ABSTRACT: Historical flow records are used to estimate the regulatory low flows that serve a key function in setting discharge permit limits through the National Pollutant Discharge Elimination System, which provides a nationwide mechanism for protecting water quality. Use of historical records creates an implicit connection between water quality protection and climate variability. The longer the record, the more likely the low flow estimate will be based on a broad set of climate conditions, and thus provides adequate water quality protection in the future. Unfortunately, a long record often is not available at a specific location. This analysis examines the connection between climate variability and the variability of biologically based and hydrologically based low flow estimates at 176 sites from the Hydro‐Climatic Data Network, a collection of stream gages identified by the USGS as relatively free of anthropogenic influences. Results show that a record of 10 to 20 years is necessary for satisfactory estimates of regulatory low flows. Although it is possible to estimate a biologically based low flow from a record of less than 10 years, these estimates are highly uncertain and incorporate a bias that undermines water quality protection.     

CONFLICTING PERSPECTWES ABOUT DETECTION LIMITS AND ABOUT THE CENSORING OF ENVIRONMENTAL DATA1

ABSTRACT: Current conventions for reporting analytical results from environmental samples brings the objectives of laboratory scientists into conflict with those of environmental scientists. The objective of chemical analyses is to provide estimates of the true composition of samples. Reported results must reflect the analytical uncertainty. Current conventions require left-censoring of those results below the Limit of Detection. The objective of statistical interpretation of environmental data is to provide estimates of the characteristics of ecosystems. Such statistical analyses are often confounded by left-censoring of analytical results. We review the different points of view and propose a compromise which recognizes these conflicting perspectives.     

Biodiversity laws: State experiences

The Western Governors' Association (WGA) includes both the public lands states with their issues and the plains states, which are 98% privately owned. WGA deals with most legislation affecting biodiversity, whether the effect is direct or tangential. It will probably not be possible, or desirable, for one entity to be in charge of biodiversity conservation. The Endangered Species Act, public lands laws, agricultural laws, water law, environmental laws, and funding legislation all affect biodiversity conservation and the responsibility for it. None of them on their own are enough, and most can cause harmful unintended consequences for biodiversity. The experience of western states in developing consensus principles for reauthorization of the Endangered Species Act provides an example of common-sense ways to improve management of biodiversity, notwithstanding the complexity and large stakes involved. The WGA's proposed changes call for increasing the role of states, streamlining the act, and increasing certainty for landowners and water users. To achieve sustainable conservation for biodiversity, the better question is not “Who is/should be in charge?”, it is “How do we get this done?” To answer this, we need goals, guidance, and bottom lines from federal laws, and management and oversight at the state level, but they all need to support local on-the-ground partnerships. Sustainable conservation requires the active participation of those who live there. WGA's experience in coordinating the Great Plains Partnership as well as its work with watershed efforts shed light on what to expect. Multilevel partnerships are not easy and require a different way of doing business. The ad hoc, sitespecific processes that result do not lend themselves to being legislated, fit into organizational boxes, or scored on a budget sheet. They do require common sense and a longterm perspective.     

In situ measurements of nitrate leaching implicate poor nitrogen and irrigation management on sandy soils

Minimizing the risk of nitrate contamination along the waterways of the U.S. Great Plains is essential to continued irrigated corn production and quality water supplies. The objectives of this study were to quantify nitrate (NO(3)) leaching for irrigated sandy soils (Pratt loamy fine sand [sandy, mixed, mesic Lamellic Haplustalfs]) and to evaluate the effects of N fertilizer and irrigation management strategies on NO(3) leaching in irrigated corn. Two irrigation schedules (1.0x and 1.25x optimum) were combined with six N fertilizer treatments broadcast as NH(4)NO(3) (kg N ha(-1)): 300 and 250 applied pre-plant; 250 applied pre-plant and sidedress; 185 applied pre-plant and sidedress; 125 applied pre-plant and sidedress; and 0. Porous-cup tensiometers and solution samplers were installed in each of the four highest N treatments. Soil solution samples were collected during the 2001 and 2002 growing seasons. Maximum corn grain yield was achieved with 125 or 185 kg N ha(-1), regardless of the irrigation schedule (IS). The 1.25x IS exacerbated the amount of NO(3) leached below the 152-cm depth in the preplant N treatments, with a mean of 146 kg N ha(-1) for the 250 and 300 kg N preplant applications compared with 12 kg N ha(-1) for the same N treatments and 1.0x IS. With 185 kg N ha(-1), the 1.25x IS treatment resulted in 74 kg N ha(-1) leached compared with 10 kg N ha(-1) for the 1.0x IS. Appropriate irrigation scheduling and N fertilizer rates are essential to improving N management practices on these sandy soils.     

Founding Lineages and Genic Variability in Plains Bison (Bison bison) from Badlands National Park, South Dakota

Abstract: Starch-gel electrophoresis was used to screen 101 bison from Badlands National Park, South Dakota, for variation at 24 genetic loci. The population was descended from founder groups of about 6 and 3 individuals, separated geographically for a minimum of 64 years. The purpose of this study was (1) to estimate levels of genic variability in this bison population, (2) to assess the extent to which descendents of the two founder groups differ genetically, and (3) to compare the genetic characteristics of the Badlands population with other bison populations. The Badlands herd was found to be polymorphic for only a single locus (MDH–1). Descendents of the founder groups were homogeneous with respect to allelic and genotypic frequencies at this locus. The MDH–1 polymorphism has not been observed in other bison populations, while several polymorphism reported in other bison populations were not detected in the Badlands herd. A mean heterozygosity of 0.012 was observed in the Badlands herd; this value is lower than that typically reported for mammals, though not as low as heterozygosities seen in other populations that have passed through severe bottlenecks in size. These results underscore the need for genetic data in planning breeding programs for species in captivity or managed in isolate reserves.     

Lands for Long-Term Research in Conservation Biology

Abstract: Success in conservation biology depends upon a synergistic combination of short-term tactics and long-term strategies. Although the former are often necessary to forestall immediate habitat losses, the latter provide the critical framework of understanding needed to develop effective short-term priorities. Although many conservation biologists now emphasize short-term tactics, prudence dictates the concomitant establishment of long-term research projects aimed at answering fundamental ecological questions.
One deterrent to amassing such long-term data bases, aside from time and funding, is a lack of suitable sites where such studies can be conducted on a large scale. We describe two established major land-holding networks in the United States that could serve as appropriate places to develop long-term studies: the National Science Foundation's Long-Term Ecological Research (LTER) sites, and the US. Department of Energy's National Environmental Research Parks (NERPs). Because they consist of established research facilities, both networks can provide conservation biologists with "low-cost" baseline information on ecological processes, as well as access to a number of representative terrestrial and aquatic habitats under more or less "controlled" conditions suitable for long-term studies. We recommend that conservation biologists explore the possibility of using these or similarly available sites in their research programs.