PROBLEMS OF PUBLIC ACCESS TO WATER IN TEXAS LAKES AND STREAMS1

ABSTRACT: Rapidly increasing demand for recreational use of Texas' public waters is resulting in growing conflict between riparian landowners and the public. This paper examines the public access question, certainly one of the most poorly defined and understood areas of Texas water and property law. Since the appropriation acts of the late 1800's, most surface waters are owned by the state, and are held in trust for the benefit of the people. While there is no express statutory authority giving the general public the right to use these waters, there is extensive, if often conflicting, case law recognizing such rights on navigable streams. It is equally well established that the public may not gain access by crossing private property. Definition of public and private rights is complicated by the fact that Texas land grants (with their attendant property rights) have emanated from Spain, Mexico, the Republic of Texas, and the state. Obstacles imposed by riparian landowners to public entry, use and passage, as well as spatial aspects of access, are also considered. Because public access rights are based on the peculiar circumstances of each case, it is difficult to establish general legal principles, and there is almost no reliable information to aid the recreation-seeking public. A clear legislative enunciation of public rights appears politically infeasible at present, the most immediately attainable goal lying in the area of better public education.     

UNIVERSITY WATER RESOURCES RESEARCH AND STATE LEGISLATURES1

ABSTRACT: Societal trends indicate an increased need for university water researchers to develop and improve working relationships with state legislatures to help ensure that water related legislation is based on sound water resources information. Recommendations for providing technical support to state legislatures on water resources issues include: the necessity for researchers to take the initiative; the importance of researchers capitalizing on existing linkages; the need to maintain a continuous link between key legislators, legislative staff, and researchers; and the need for researchers to provide comprehensible information in a timely manner.     

ENHANCEMENT OF RIPARIAN ECOSYSTEMS WITH CHANNEL STRUCTURES1

ABSTRACT: Naturally occurring and man-made structures can be used for enhancing the development of riparian zones. Naturally occurring structures are cienagas, beaver dams, and log steps. Man-made structures include large and small channel structures and bank protection devices. All these structures affect streamflow hydraulics and sedimentation and can create a more favorable environment for riparian zone establishment. However, when they are used improperly, they can be destructive to existing riparian zones. Since stream processes are generally slow, long-time spans may pass before the effects of management action, good or bad, become visible. Also, the effects of large dam installations may appear a long distance downstream from the dam. Therefore, investigations must be of a wide scope. Interactions between riparian site, channel, and streamflow may be so complex that an interdisciplinary approach is required.     

NEW HAMPSHIRE WATER LAW: AN INTERPRETIVE OVERVIEW1

ABSTRACT: New Hampshire's riparian water law, first modified judicially, has been more drastically changed by recent legislative and administrative action. As it stands, however, the judicially enforced doctrine of reasonable use appears to be utterly inadequate to handle increasing water demands. The protection of the public interest has imposed substantial limitations on the use of riparian water rights, all under the guise of the exercise of the police power, i.e., the protection of the public health, safety, and welfare. The efficient use of the state's water resources has been further crippled by the widespread and indiscriminate exercise of eminent domain. As a result, the state is now considering the imposition of a permit system that has the potential to streamline the allocation of water. Such a system should take into consideration the public interest factors that have recently frustrated the exercise of riparian rights and the effective use of the state's water resources.     

INTERACTION BETWEEN RIPARIAN VEGETATION,WATER TEMPERATURE,AND SALMONID HABITAT IN THE TUCANNON RIVER1

ABSTRACT: This analysis relates physical-process, ecological, and economic models to: (1) analyze the instream water temperatures with respect to existing and proposed riparian vegetation under natural conditions; (2) use these water temperatures to determine salmon and steel-head fish populations that were based upon actual field count and known temperature preference data; and (3) determine the economic worth based upon the estimated carrying capacity of the river, the estimated number of return spawners, and the economic value of commercially caught and sport-caught salmon and steelhead. The economic evaluations are in accordance with procedures outlined by the U.S. Water Resources Council (1983).     

DESIGN FOR A STABLE CHANNEL IN COARSE ALLUVIUM FOR RIPARIAN ZONE RESTORATION1

Geomorphic, hydraulic and hydrologic principles are applied in the design of a stable stream channel for a badly disturbed portion of Badger Creek, Colorado, and its associated riparian and meadow complexes. The objective is to shorten the period of time required for a channel in coarse alluvium to recover from an impacted morphologic state to a regime condition representative of current watershed conditions. Channel geometry measurements describe the stream channel and the normal bankfull stage in relatively stable reaches. Critical shear stress equations were used to design a stable channel in noncohesive materials with dimensions which approximate those of less disturbed reaches. Gabion controls, spaced at approximately 300 m intervals, are recommended to help reduce the chance of lateral migration of the newly constructed channel. Controls are designed to allow for some vertical adjustment of the channel bed following increased bank stability due to revegetation. The flood plain is designed to dissipate flood flow energy and discourage multiple flood channels. The channel has approximately a 90 percent chance of remaining stable the first two years following construction, the time estimated for increased stability to occur due to revegetation.     

江西洪涝灾害的时空分布规律

洪涝灾害是江西农业灾害的主要文种之一,也是全省农业及经济持续发展的重要制约因素之一．本文通过对全省８５个县（市）近５０ａ洪涝灾害资料的统计、对比和分析,揭示了江酉洪涝灾害的时空分布规律,为全省制定防洪减涝对策和措施提供了重要决策依据．     

1983年日本海中部大震前无震应变前兆的倍九天活动特征

介绍了倍九律的科学内函以及在地震预报实际应用中的几个主要方面；进而对１９８３年５月２６日日本海中部Ｍｓ＝７．７级大震前的无震应变前兆的倍九天特征进行了分析，同时探讨了倍九律在日本海地区预报强余震的可参考性。     

我国古建筑消防法规与技术规范发展现状研究

古建筑火灾会造成重大财产和文化损失,一直是我国消防工作中的重点和难点问题。我国古建筑消防相关法规与技术体系建设起步较晚,发展速度较慢。近年来我国文物保护部门与消防部门加强对古建筑消防法规与技术体系建设,颁布了一系列法规与规范,为我国古建筑消防事业发展提供了法律和技术依据。本文对我国古建筑火灾特点进行分析,阐述了我国古建筑消防法规与技术规范发展历程,并对其中存在制度单一,灵活性差;发展滞后,内容不完善;体系封闭,社会参与不足等问题进行了分析与探讨,为进一步研究提供了一定的参考价值。     

中美煤矿安全监察执法对比研究

我国煤矿安全生产事故呈现逐年大幅度下降的趋势,对比中美煤炭百万吨死亡率,显示,我国与美国相比还存在比较大的差距。继而,通过分析中美煤矿安全监察执法的特点,发现,中美在安全监察执法、职业培训、执法人员权责、煤矿监管监察技术方面存在不同,并针对这几方面提出了进一步完善我国煤矿安全监察工作的建议,可为完善我国安全监察执法体系提供参考和借鉴。