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951.
952.
953.
Otis W. Tempter 《Journal of the American Water Resources Association》1981,17(5):789-798
Texas' surface water law began its evolution during the Hispanic period of occupance. Later, the English riparian doctrine was adopted, and finally, in the late 1800's, the prior appropriation doctrine was superimposed, resulting in an exceedingly complex dual system. Though the judiciary, legislature, and state water agencies have wrestled with the problem of coordinating these diverse water rights and more accurately delineating and measuring riparian rights and water use since early in this century, until recently all attempts were unsuccessful. The unknown riparian element, in particular, made coordinated and efficient management and administration of the state's surface water resources impossible. Finally, measurable progress toward solution of these problems began in 1967 with passage of the Water Rights Adjudication Act, aimed at identifying all unrecorded surface water rights claims and eventually merging all claims into the permit system. This paper examines the gradual evolution of Texas' curious blend of Hispanic-English riparian rights and later appropriate rights; discusses the resultant problems of water resource administration; and traces the progress of the ongoing water rights adjudication, a lengthy, expensive, and complex procedure, which should eventually make possible more efficient administration of all surface water rights. 相似文献
954.
Michael Donovan Charles A. Job William C. Sonzogni 《Journal of the American Water Resources Association》1981,17(1):23-28
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 Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state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. 相似文献
955.
William Whipple James M. DiLouie Theodore Pytlar 《Journal of the American Water Resources Association》1981,17(1):36-45
ABSTRACT: In urbanizing areas, the usual increase in flood flows also increases erosional capability of streams. In order to evaluate such tendencies quantitatively, 25 stream reaches were studied, and were classified as to whether erosion of the channel and banks was light, medium, or heavy. Analysis of characteristics indicated that (1) densely developed areas are correlated with greater erosion, (2) wide stream buffers of natural vegetation are correlated with lesser erosion, and (3) there is no definite correlation of erosion to slope or characteristics of soil. Erosional stream instability can be avoided by retention of storm water runoff, creating additional channel roughness or reducing channel slope during floods by drop structures, such as culverts, which restrict flow. Channel straightening and general bank protection should be minimized in such streams. Design of culverts should take such effects into consideration. 相似文献
956.
Harold E. Marshall Rosalie T. Ruegg 《Journal of the American Water Resources Association》1976,12(5):903-917
ABSTRACT: The Environmental Protection Agency administers a construction grant program to encourage abatement of wastewater pollution by sharing with municipalities the costs of wastewater treatment facilities. The enabling legislation (P.L. 92–500) specifies that EPA's cost share will be 75% of construction costs. It further requires municipalities to collect user fees from industrial users of the facilities to repay that part of the federal grant allocable to the treatment of industrial wastewater. The municipality must return half of the user fees collected to the U.S. Treasury; the municipality is allowed to retain the remaining half. Retention by municipalities of these user fees lowers their effective cost shares and results in the following consequences: (1) a bias for municipalities to select certain kinds of abatement techniques regardless of whether or not they are the least-cost techniques from the national perspective; (2) a bias for municipalities to select larger-than-optimal scales of abatement facilities; (3) a hidden federal subsidy to industry; and (4) grants that favor industrial communities. This article examines the legislative and regulatory requirements for user charges, derives the algebraic expressions for calculating the real federal, municipal, and industrial cost shares with user fees; computes municipal cost shares for selected values of the determinant factors; evaluates efficiency and other consequences of current user fee arrangements; and concludes that the efficiency distortions brought about by the impacts of user fees on cost sharing could be eliminated by requiring that all user fees collected from industry against the federal cost share be returned to the U.S. Treasury. 相似文献
957.
Gordon C. Jacoby Gary D. Weatherford Judith W. Wegner 《Journal of the American Water Resources Association》1976,12(5):973-985
ABSTRACT: Law and hydrology are inextricably woven together in the pattern of water resource development in the west. The former attempts to allocate a limited and valuable resource as the latter tries to define the limits of the resource. In the past an inadequate data base has made hydrologic estimates difficult and political factors have pushed the law into possibly conflicting commitments in the Colorado River Basin. Through the use of tree-ring research, hydrologists have produced a more definitive data base and placed water allocations such as the Colorado River Compact of 1922 in a clearer long-term perspective. This data base leads to the conclusion that the surface-water supply is about 13.5 million acre-feet per year. This hydrologic limit must be apportioned within an existing legal framework - the “Law of the River.” As development approaches the resource limit in the Upper Colorado River Basin, lawyers and hydrologists must act in concert toward the equitable solution of allocation and reallocation problems. 相似文献
958.
George E. Radosevich Melvin B. Sabey 《Journal of the American Water Resources Association》1977,13(4):747-757
ABSTRACT: Faced with the necessity of meeting growing municipal water requirements in areas where available supplies are completely allocated, numerous cities throughout the West are turning to their eminent domain powers to affect a reallocation of water from less preferred uses to municipal uses, thus bringing about a sharp conflict with agricultural interests. As a basis for discussing these eminent domain powers, this paper begins with a brief review of the development of property rights. The existence of both private and public (social) rights in the “bundle of rights” is noted. In recent years the Public Trust Doctrine has been used to limit private rights in property, and to protect and strengthen social rights. A case study which focuses on a conflict between individual and social interests in water rights is discussed. This case involves the City of Thorton, Colorado which initiated municipal condemnation proceedings to acquire the water rights and structures of two nearby irrigation companies. The case represents an attempt to incorporate the spirit of the Public Trust Doctrine into legislation which sets forth procedures for resolution of similar water rights conflicts that will inevitably become more numerous throughout the West in the future. 相似文献
959.
Gert Aron Elizabeth L. White Stephen P. Coelen 《Journal of the American Water Resources Association》1977,13(5):1021-1034
ABSTRACT: Interbasin water transfer is one of the most controversial water-resources-planning topics. Local communities, particularly those from which the water is to be taken (donor regions), generate enough opposition to doom many projects to failure. The opposition often arises because planners have traditionally considered excess water a free commodity rather than a marketable resource. To make transfer schemes mutually acceptable to donor and recipient regions, visible benefits must be offered. Agreement must be made on an acceptable purchase price and/or on other benefits such as a substantial amount of low flow augmentation or possibly some degree of flood control on the donor source stream. The hydrologic and economic feasibility of water transfer from the East Susquehanna River basin to the Delaware Reservoir System for supplemental supply to the New York City area was investigated. Nine alternative schemes for diversions up to 400 cfs and compensations in the form of low flow augmentation and/or flood control were considered resulting in unit costs to the recipient region between $90 and $380/mg. If only the minimum state-mandated flow is released to the Susquehanna River, the savings to the water recipients would be sufficient to pay a purchase price of about $21/mg, which would be equivalent to a total amount of $420,000/year for an average export of 100 cfs. 相似文献
960.
Raghu N. Singh Kenneth P. Wilkinson 《Journal of the American Water Resources Association》1974,10(3):415-425
ABSTRACT: The major objectives are (1) to identify the problems involved in measuring the environmental impacts of public projects from selected perspectives, and (2) to elaborate a sociological approach used in an empirical investigation in that respect. The construct of environmental impact of a planned action is generally operationalized from different perspectives and with different methodological emphases in the various disciplines. Even the term environment does not elicit agreement among users as to its exact meaning. Although there has been a steady increase in the number of studies from a sociological perspective concerning environmental problems, there is lack of sociological counsel in writing environmental impact statements. Overall, we lack sociological methodology and operational procedures for that purpose. In an attempt to bring some empirical focus to this field, attitudinal measures employed to discover how residents of a river basin perceived negative and positive environmental impacts of a proposed watershed development project are reviewed. These come from a study of creation of the Cooper Reservoir and Dam in Texas. Data on 343 heads of households m the selected areas were collected through structured questionnaires with items on personal information, a vested interest scale, a knowledge of the project scale, and an environmental impact scale. Data show that perception of impacts by residents is influenced significantly by degree of their vested interests involved. Variables for inclusion in a sociological model of environmental impact are suggested. 相似文献