Hydrological Connectivity Between Headwater Streams and Downstream Waters: How Science Can Inform Policy1

Abstract: In January 2001, the U.S. Supreme Court ruled that the U.S. Army Corps of Engineers exceeded its statutory authority by asserting Clean Water Act (CWA) jurisdiction over non‐navigable, isolated, intrastate waters based solely on their use by migratory birds. The Supreme Court’s majority opinion addressed broader issues of CWA jurisdiction by implying that the CWA intended some “connection” to navigability and that isolated waters need a “significant nexus” to navigable waters to be jurisdictional. Subsequent to this decision (SWANCC), there have been many lawsuits challenging CWA jurisdiction, many of which are focused on headwater, intermittent, and ephemeral streams. To inform the legal and policy debate surrounding this issue, we present information on the geographic distribution of headwater streams and intermittent and ephemeral streams throughout the U.S., summarize major findings from the scientific literature in considering hydrological connectivity between headwater streams and downstream waters, and relate the scientific information presented to policy issues surrounding the scope of waters protected under the CWA. Headwater streams comprise approximately 53% (2,900,000 km) of the total stream length in the U.S., excluding Alaska, and intermittent and ephemeral streams comprise approximately 59% (3,200,000 km) of the total stream length and approximately 50% (1,460,000 km) of the headwater stream length in the U.S., excluding Alaska. Hillslopes, headwater streams, and downstream waters are best described as individual elements of integrated hydrological systems. Hydrological connectivity allows for the exchange of mass, momentum, energy, and organisms longitudinally, laterally, vertically, and temporally between headwater streams and downstream waters. Via hydrological connectivity, headwater, intermittent and ephemeral streams cumulatively contribute to the functional integrity of downstream waters; hydrologically and ecologically, they are a part of the tributary system. As this debate continues, scientific input from multiple fields will be important for policymaking at the federal, state, and local levels and to inform water resource management regardless of the level at which those decisions are being made. Strengthening the interface between science, policy, and public participation is critical if we are going to achieve effective water resource management.     

Constraints to Watershed Planning: Group Structure and Process1

Floress, Kristin, Jean C. Mangun, Mae A. Davenport, and Karl W.J. Williard, 2009. Constraints to Watershed Planning: Group Structure and Process. Journal of the American Water Resources Association (JAWRA) 45(6):1352‐1360. Abstract: The roles that agencies and other partners play in collaborative watershed management are not always clearly identified. Key factors contributing to group‐level outcomes in watershed groups include both structural and procedural elements. Structural elements include membership systems, project partners, and funding, while procedural elements include leadership, shared vision, and mission development. The current research reports on a case study conducted with a Midwestern watershed group that received Clean Water Act Section 319 funds to undertake a watershed planning process. Data come from focus groups, interviews, public comments, and meeting observation, and were analyzed using grounded theory. Findings of this study indicate that homogenous skill set, discord over group and partner roles, and failed problem identification contributed to the organizational inertia experienced by the watershed group. Implications of this research for groups receiving 319 funds are provided.     

Challenges to liberalism: The case of Australian energy policy

This paper considers liberal and nationalist economic policy approaches to the ownership and development of Australian energy resources (oil, gas, coal and uranium). In the two decades prior to 1983, Australia pursued economic policies in relation to its energy resources which could broadly be described as ‘nationalist’. Governments of the day intervened in development decisions in an effort to enhance the ‘national interest’. From 1983, along with the deregulation of the Australian economy as a whole, policy relating to energy resources was liberalised. Development of energy reserves henceforth occurred according to the dictates of the market. This paper argues that recent Australian energy policy initiatives reflect an increase in nationalist influences and a retreat from the liberalisation agenda that dominated energy policy making in the 1980s and 1990s. Three examples are discussed where policy has been influenced by a nationalist framework: (1) the domestic gas reservation policy in Western Australia; (2) Australian government efforts to promote a ‘value adding’ nuclear processing industry and (3) Australian Labor Party policy giving preferential financial incentives for gas to liquids projects. The re-emergence of nationalism in Australia is occurring either because policy makers now favour it as a path to energy security or in some cases because they believe that appeals to nationalism will generate political support.     

Resource scarcity,energy use and environmental impact: A case study of the New Bedford,Massachusetts, USA,fisheries

The commercial fishing fleet in New Bedford, Massachusetts, USA, harvests seafood on George’s Bank, home of one of the nation’s most productive fisheries. We calculated the energy return on investment (EROI) and carbon intensity of protein harvest in the New Bedford fisheries from 1968 to 1988. EROI is the ratio of the energy content of the edible fish protein harvested to the quantity of fossil fuel energy used directly in the harvesting process. Carbon intensity is the quantity of carbon dioxide (CO₂) released (from the burning of fossil fuels) per calorie of edible fish protein harvested. The results show that the EROI of protein harvest declined from 0.18 to 0.028 from 1968 to 1988, indicating that the energy used to harvest seafood increased from about 6 to 36 kcal of fuel for each kilocalorie of protein harvested. The quantity of CO₂ released per calorie of edible fish protein is a linear function of energy use and therefore increased in a similar manner. During this period there was a large increase in fishing effort (caused by the increase in the real price of seafood products, favorable tax treatment for new vessel construction, and low interest loans from the government), and a decline in several important species of fish. The results suggest that fishing pressure could be managed effectively by the regulation of fuel use by the fleet. Despite the increase in the price of many seafood products, fishermen absorbed many of the costs of increasing scarcity in the form of longer working hours and fewer men per vessel.     

“Bats,snakes and spiders,Oh my!” How aesthetic and negativistic attitudes,and other concepts predict support for species protection

This research investigates whether species are perceived differently based on aesthetic and negativistic attitudes, and whether these and other attitudes, naturalistic activities, and gender predict support for the protection of threatened species. 228 undergraduate students completed a survey in which they rated pictures of 10 endangered species on aesthetic and negativistic attitudes, and support for protection. Findings showed that the two-striped garter snake, Ozark big-eared bat, and dolloff cave spider were conceptualized differently than other species, which may be the result of “irrational” fears linked to animal phobias, culture, and emotional reactions to pictures. The regression results support the common belief that aesthetics is an important determinant in perceptions of endangered species and that the importance of negativistic attitudes may be waning. Moralistic worldviews and attitudes toward landowner rights and the Endangered Species Act were significantly related to support for governmental protection of species. Surprisingly, naturalistic activities and gender were not significantly associated with support for governmental protection of species. In general, the results were consistent across both models. However, the amount of variance explained by aesthetic and negativistic attitudes was 23 percent higher in the other species models than in the bat, snake, and spider models.     

Wetland loss and substitution by the Section 404 permit program in southern California,USA

To test the effectiveness of the 404 permit program in preventing a net loss of wetland resources, 75 Section 404 projects permitted in the years 1987–1989 and located in a portion of southern California were evaluated. From this group of projects, 80.47 ha of wetlands were affected by Section 404 permits and the Army Corps of Engineers required 111.62 ha of wetland mitigation. To verify the successful completion of each mitigation project, all 75 project sites were visited and evaluated based on the amount of dead vegetation, growth and coverage, and the number of invasive species. Based on the field verification results, the actual amount of completed mitigation area was 77.33 ha, resulting in a net loss of 3.14 ha of wetland resources in the years 1987–1989. By comparing the types of wetlands lost to the types of wetlands mitigated, it is apparent that, in particular, freshwater wetlands are experiencing a disproportionately greater loss of area and that riparian woodland wetlands are most often used in mitigation efforts. The net result of these accumulated actions is an overall substitution of wetland types throughout the region. Results also indicate that, typically, large-scale mitigation projects are more successful compared to smaller projects and that successful compliance efforts are not evenly distributed throughout the region. We recommend that better monitoring, mitigation in-kind, mitigation banking, and planning on a regional or watershed scale could greatly improve the effectiveness of the Section 404 permitting program.