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.     

A safety counterculture challenge to a “safety climate”

This case study is about a small group of workmen caught in a common dilemma regarding work safety. They must work safely and maintain production within a pathological organization that does not meaningfully reward participation or communication. They do so as a group and socially construct danger, injury and safety for themselves. They constitute a functioning counterculture and challenge the safety climate contrived by managers. Although limited in scope, the study suggests that we can learn from the details of their interactions with their work environment, with one another, and with their managers.     

In situ nitrogen enrichment experiments in two Idaho (U.S.A.) streams

We conducted a series ofin situ experimental nutrient additions in two Idaho streams: Deep Creek, a desert stream located in Southeastern Idaho, and Big Wood River, situated in a mountainous region of Central Idaho. In both streams, a homogeneous reach was partitioned into almost identical channels. This allowed us to vary nutrient levels and measure algal response in experiments uncomplicated by differences in other factors.Ammonium nitrate was added to the treatment channels in Deep Creek. After nine days,Cladophora glomerata still predominated in both the control and treatment channels and algal biomass was not statistically different between the two. In the Big Wood River experiment significant differences in chlorophylla concentrations were not detected among three treatments of differing nitrogen enrichment and the control for both natural and artificial substrates. Also chlorophylla levels were not correlated with nitrogen concentrations, and the composition of algal communities remained similar among all treatments.We conclude that macronutrient enrichment of streams does not necessarily result in an increase in algal density or a change in algal community structure so long as other factors, which may limit the use of nutrients by algae, remain unaltered. Our results suggest that light, current velocity, and macroinvertebrate grazing may account for the failure of the periphyton to respond toin situ additions of nitrogen (and phosphorus) in our study streams.     

Composition of Floating Debris in Harbours of the United States

As part of a programme to characterize floating anthropogenic debris in the aquatic environment, the US Environmental Protection Agency (EPA) conducted 18 field surveys in the harbours of major metropolitan cities of the east, west, and Gulf coasts of the United States and the Mid-Atlantic Bight. the surveys were designed to provide information on the types, relative amounts, and distributions of aquatic debris in different geographic regions of the United States. Neuston nets (0.33 mm mesh) were used to collect surface debris during outgoing tides on two or three consecutive days in selected areas of each city. After each net tow, the debris, which ranged in size from small resin pellets to large plastic sheeting pieces, was identified, categorized, and counted. the data are being used to qualitatively characterize aquatic debris in coastal metropolitan areas, to examine potential regional variations, and to tentatively identify potential sources.     

Acoustically detected year-round presence of right whales in an urbanized migration corridor

Species' conservation relies on understanding their seasonal habitats and migration routes. North Atlantic right whales (Eubalaena glacialis), listed as endangered under the U.S. Endangered Species Act, migrate from the southeastern U.S. coast to Cape Cod Bay, Massachusetts, a federally designated critical habitat, from February through May to feed. The whales then continue north across the Gulf of Maine to northern waters (e.g., Bay of Fundy). To enter Cape Cod Bay, right whales must traverse an area of dense shipping and fishing activity in Massachusetts Bay, where there are no mandatory regulations for the protection of right whales or management of their habitat. We used passive acoustic recordings of right whales collected in Massachusetts Bay from May 2007 through October 2010 to determine the annual spatial and temporal distribution of the whales and their calling activity. We detected right whales in the bay throughout the year, in contrast to results from visual surveys. Right whales were detected on at least 24% of days in each month, with the exception of June 2007, in which there were no detections. Averaged over all years, right whale calls were most abundant from February through May. During this period, calls were most frequent between 17:00 and 20:00 local time; no diel pattern was apparent in other months. The spatial distribution of the approximate locations of calling whales suggests they may use Massachusetts Bay as a conduit to Cape Cod Bay in the spring and as they move between the Gulf of Maine and waters to the south in September through December. Although it is unclear how dependent right whales are on the bay, the discovery of their widespread presence in Massachusetts Bay throughout the year suggests this region may need to be managed to reduce the probability of collisions with ships and entanglement in fishing gear.     

An invasive riparian tree reduces stream ecosystem efficiency via a recalcitrant organic matter subsidy

A disturbance, such as species invasion, can alter the exchange of materials and organisms between ecosystems, with potential consequences for the function of both ecosystems. Russian olive (Elaeagnus angustifolia) is an exotic tree invading riparian corridors in the western United States, and may alter stream organic matter budgets by increasing allochthonous litter and by reducing light via shading, in turn decreasing in-stream primary production. We used a before-after invasion comparison spanning 35 years to show that Russian olive invasion increased allochthonous litter nearly 25-fold to an invaded vs. a control reach of a stream, and we found that this litter decayed more slowly than native willow. Despite a mean 50% increase in canopy cover by Russian olive and associated shading, there were no significant changes in gross primary production. Benthic organic matter storage increased fourfold after Russian olive invasion compared to pre-invasion conditions, but there were no associated changes in stream ecosystem respiration or organic matter export. Thus, estimated stream ecosystem efficiency (ratio of ecosystem respiration to organic matter input) decreased 14%. These findings show that invasions of nonnative plant species in terrestrial habitats can alter resource fluxes to streams with consequences for whole-ecosystem functions.     

Differential movement patterns and site fidelity among trophic groups of reef fishes in a Hawaiian marine protected area

We tracked the long-term movements of 70 parrotfishes, surgeonfishes and goatfishes captured inside a small (1.3 km²) marine protected area (MPA: Kealakekua Bay Marine Life Conservation District, Hawaii) by implanting them with small transmitters and deploying underwater monitoring devices inside the bay and along 100 km of the adjacent west Hawaii coastline. Individual fish were detected inside Kealakekua Bay for up to 612 days but many were detected for much shorter periods (median = 52 days). There were species-specific differences in the scale of movements and habitats used, but most fish utilized between 0.2 and 1.6 km of coastline, and individuals of each species showed some degree of diel habitat shift. A wide variety of reef fishes captured inside the MPA swam back and forth across an MPA boundary intersecting continuous reef (i.e., this boundary was porous to reef fish movements), but only 1 of 11 species tagged crossed a wide sandy channel inside Kealakekua Bay suggesting that this feature may function as a natural barrier to movements. Results indicate relatively small MPAs (<2 km of coastline) could provide effective, long-term protection for multi-species assemblages of reef fishes provided that boundaries are situated along major habitat breaks (e.g., large sand channels between reefs) that may serve as natural barriers to reef fish movements. It is crucial that a multi-species approach be used when assessing MPA effectiveness.     

Sensitivity analysis of North American bird population estimates

The Partners in Flight North American Landbird Conservation Plan provided estimates of population sizes for 448 landbird species using a multiplicative model. Input parameters in this calculation included the area of state × Bird Conservation Region polygons, area-specific mean Breeding Bird Survey counts circa 1995, and adjustment factors for the distance over which species may presumably be correctly counted, the assumed pairing of singing males with non-singing females, and variability in the propensity of birds to sing over the course of the survey day. I assessed the sensitivity of this population calculation to changes in the input parameters. I assessed both local and global sensitivity of the model to changes in the parameters with Monte Carlo one-at-a-time simulations and the Fourier amplitude sensitivity test (FAST). Monte Carlo simulations were an estimate of local model sensitivity whereas FAST estimated global model sensitivity, accommodating the potential shared variance between model parameters. Monte Carlo simulations suggested population estimates were 39% more sensitive to changes in the detection distance adjustment than to the other parameters; the other parameters were nearly equal in their contribution to model sensitivity. Conversely, FAST analysis determined that each of the input variables aside from the pair adjustment provided roughly equal contributions to variability in population estimates. The most efficient means for improving continental population estimates for birds surveyed by the Breeding Bird Survey will be through increased scrutiny of the species-specific distance detection and time-of-day adjustments and improved understanding in the spatial and temporal variability in the mean Breeding Bird Survey count.     

Evaluating Adaptive Governance Approaches to Sustainable Water Management in North-West Thailand

Adaptive governance is advanced as a potent means of addressing institutional fit of natural resource systems with prevailing modes of political–administrative management. Its advocates also argue that it enhances participatory and learning opportunities for stakeholders over time. Yet an increasing number of studies demonstrate real difficulties in implementing adaptive governance ‘solutions’. This paper builds on these debates by examining the introduction of adaptive governance to water management in Chiang Mai province, north-west Thailand. The paper considers, first, the limitations of current water governance modes at the provincial scale, and the rationale for implementation of an adaptive approach. The new approach is then critically examined, with its initial performance and likely future success evaluated by (i) analysis of water stakeholders’ opinions of its first year of operation; and (ii) comparison of its governance attributes against recent empirical accounts of implementation difficulty and failure of adaptive governance of natural resource management more generally. The analysis confirms the potentially significant role that the new approach can play in brokering and resolving the underlying differences in stakeholder representation and knowledge construction at the heart of the prevailing water governance modes in north-west Thailand.     

Cyber international relations as an integrated system

The purpose of this paper is to conceptualize the hitherto separate domains of Cyberspace and International Relations into an integrated socio-technical system that we jointly call the cyber International Relations (Cyber-IR) system and to identify and analyze its emergent properties utilizing the methods common to science and engineering systems adapted here for the social sciences. Our work is an exploration in both theory and methodology. This paper (a) identifies the actors and functions in the core systems, Cyberspace, and IR, (b) disambiguates system boundary, (c) creates a design structure matrix (DSM), a matrix of the interdependencies among functions of actors, (d) analyzes DSM qualitatively to show multiple interdependent and heterogeneous Cyber-IR properties, and (e) analyzes quantitatively the differential importance of core functions as well as the impact of actor attributes on influence in Cyber-IR. This work forms a baseline for further understanding of the nature of the heterogeneous influences of the various actors and the various outcomes that could result from it.