THE REGULATED RIPARIAN VERSION OF THE ASCE MODEL WATER CODE: THE THIRD WAY TO ALLOCATE WATER1

ABSTRACT: Lawyers, engineers, and hydrologists are accustomed to thinking of water law as falling into one of two incompatible models: riparian rights (under which water is allocated by courts according to the relative reasonableness of the competing uses) and appropriative rights (under which water is allocated according to the temporal priority of the competing uses, largely by the action of the water users themselves but perfected by the issuance of an administrative permit). Usually unnoticed is the existence of a third approach, which I have dubbed “regulated riparianism.” Under regulated riparianism, water is allocated by water permits issued after an administrative determination of the reasonableness of the proposed use before the use is commenced. This system, now in place in about half of the states east of Kansas City (plus Hawaii), thus is fundamentally different from either the traditional ripanan rights that it replaces or the appropriative rights found in western states.     

Regulatory context for cumulative impact research

Wetlands protection has become a topic of increased public attention and support, and regulation of wetlands loss under Section 404 of the Clean Water Act has received high priority within the US Environmental Protection Agency (EPA). Despite this, the nation is continuing to experience serious wetlands losses. This situation reflects the contentious nature of wetlands protection; it involves fundamental conflicts between environmental and development interests. Better information is needed to support regulatory decision making, including information on cumulative impacts. Currently, consideration of cumulative impacts, although required by various federal regulations, is limited. One reason is that most regulatory decisions are made on a permit-specific, site-specific basis, whereas cumulative impacts must be assessed on a broader, regional scale. In addition, scientific information and methods necessary to support cumulative impact assessment have been lacking. An anticipatory, planning-oriented framework to complement the existing site-specific permit review program is needed to support more effective consideration of cumulative impacts; such an effort is beginning to emerge. In addition, EPA is supporting research to provide better information on cumulative effects. It is recommended that the EPA program place initial emphasis on synthesis and analysis of existing information, on maximizing its use in decision making, and on information transfer. Recommended approaches include correlation of historic wetlands losses with loss of wetlands function and values, regional case studies, and development of indices of cumulative impact for use in permit review.Formerly Director, Office of Federal Activities, US Environmental Protection Agency     

Woody plant roots fail to penetrate a clay-lined landfill: Managment implications

In many locations, regulatory agencies do not permit tree planting above landfills that are sealed with a capping clay, because roots might penetrate the clay barrier and expose landfill contents to leaching. We find, however, no empirical or theoretical basis for this restriction, and instead hypothesize that plant roots of any kind are incapable of penetrating the dense clays used to seal landfills. As a test, we excavated 30 trees and shrubs, of 12 species, growing over a clay-lined municipal sanitary landfill on Staten Island, New York. The landfill had been closed for seven years, and featured a very shallow (10 to 30-cm) soil layer over a 45-cm layer of compacted grey marl (Woodbury series) clay. The test plants had invaded naturally from nearby forests. All plants examined—including trees as tall as 6 m—had extremely shallow root plates, with deformed tap roots that grew entirely above and parallel to the clay layer. Only occasional stubby feeder roots were found in the top 1 cm of clay, and in clay cracks at depths to 6 cm, indicating that the primary impediment to root growth was physical, although both clay and the overlying soil were highly acidic. These results, if confirmed by experimental research should lead to increased options for the end use of many closed sanitary landfills.     

MEASURED AND PREDICTED VELOCITY AND LONGITUDINAL DISPERSION AT STEAI)Y AND UNSTEADY FLOW,COLORADO RIVER,GLEN CANYON DAM TO LAKE MEAD1

ABSTRACT: The effect of unsteadiness of dam releases on velocity and longitudinal dispersion of flow was evaluated by injecting a fluorescent dye into the Colorado River below Glen Canyon Dam and sampling for dye concentration at selected sites downstream. Measurements of a 26-kilometer reach of Glen Canyon, just below Glen Canyon Dam, were made at nearly steady dam releases of 139, 425, and 651 cubic meters per second. Measurements of a 380-kilometer reach of Grand Canyon were made at steady releases of 425 cubic meters per second and at unsteady releases with a daily mean of about 425 cubic meters per second. In Glen Canyon, average flow velocity through the study reach increased directly with discharge, but dispersion was greatest at the lowest of the three flows measured. In Grand Canyon, average flow velocity varied slightly from subreach to subreach at both steady and unsteady flow but was not significantly different at steady and unsteady flow over the entire study reach. Also, longitudinal dispersion was not significantly different during steady and unsteady flow. Long tails on the time-concentration curves at a site, characteristic of most rivers but not predicted by the one-dimensional theory, were not found in this study. Absence of tails on the curves shows that, at the measured flows, the eddies that are characteristic of the Grand Canyon reach do not trap water for a significant length of time. Data from the measurements were used to calibrate a one-dimensional flow model and a solute-transport model. The combined set of calibrated flow and solute-transport models was then used to predict velocity and dispersion at potential dam-release patterns.     

THE LAW OF THE COLORADO RIVER: COPING WITH SEVERE SUSTAINED DROUGHT1

ABSTRACT: The waters of the Colorado River are divided among seven states according to a complex ‘Law of the River’ drawn from interstate compacts, international treaties, statutes, and regulations. The Law of the River creates certain priorities among the states and the Republic of Mexico, and in the event of a severe sustained drought, the Law of the River dictates the distribution of water and operation of the elaborate reservoir system. Earlier work indicated that there is remarkable resilience in the system for established uses of water in the Lower Basin of the Colorado River. This work shows, based on an application of the Law of the River using computer modeling of operations of facilities on the Colorado River, that there may be serious environmental consequences and related legal restraints on how the water is used in times of shortage and that the existing legal and institutional framework governing the Colorado River does not adequately address all the issues that would be raised in a severe sustained drought. Several possible legal options for dealing with drought in the context of the Law of the River are identified.     

SOCIAL IMPLICATIONS OF SEVERE SUSTAINED DROUGHT CASE STUDIES IN CALIFORNIA AND COLORADO1

ABSTRACT: Survey data collected in the San Joaquin Valley of southern California and the Grand Valley of western Colorado reveal that residents of both areas believe that a severe sustained drought is likely to occur within the next 20–25 years and that their communities would be seriously impacted by such an event. Although a severe sustained drought affecting the Colorado River Basin would cause major economic and social disruptions in these and other communities, residents express little support for water management alternatives that would require significant shifts in economic development activities or in water use and allocation patterns. In particular, residents of these areas express little support for strategies such as construction and growth moratoriums, mandatory water conservation programs, water transfers from low-to high-population areas, water marketing, or reallocations of water from agricultural to municipal/industrial uses. This rejection of water management strategies that would require a departure from “business as usual” with respect to water use and allocations severely restricts the capacity of these and similar communities to respond effectively should a severe sustained drought occur.     

MITIGATING IMPACTS OF A SEVERE SUSTAINED DROUGHT ON COLORADO RWER WATER RESOURCES1

ABSTRACT: We evaluated the effects of institutional responses developed for coping with a severe sustained drought (SSD) in the Colorado River Basin on selected system variables using a SSD inflow hydrology derived from the drought which occurred in the Colorado River basin from 1579–1616. Institutional responses considered are reverse equalization, salinity reduction, minimum flow requirements, and temporary suspension of the delivery obligation of the Colorado River Compact. Selected system variables (reservoir contents, streamflows, consumptive uses, salinity, and power generation) from scenarios incorporating the drought-coping responses were compared to those from Baseline conditions using the current operating criteria. The coping responses successfully mitigated some impacts of the SSD on consumptive uses in the Upper Basin with only slight impacts on consumptive uses in the Lower Basin, and successfully maintained specified minimum streamflows throughout the drought with no apparent effect on consumptive uses. The impacts of the coping responses on other system variables were not as clear cut. We also assessed the effects of the drought-coping responses to normal and wet hydrologic conditions to determine if they were overly conservative. The results show that the rules would have inconsequential effects on the system during normal and wet years.     

A study of compliance with environmental regulations of ISO 14001 certified companies in Korea

This article investigates the impact of ISO 14001 certification on the compliance with environmental regulations by Korean companies. The impact of ISO 14001 certification on the industry was studied through a questionnaire survey and the compliance of environmental regulations were investigated using government-released data. The motivation for an environment management system was a result of the current international situation and the need to maintain fair competition. ISO 14001 certification has been recognized as an essential strategy for industrial competition and to improve company/product recognition. The certified and non-certified companies' environmental regulation violation (ERV) rates were 3.5% and 11.6%, respectively, in 1997. In 1998, the ERV rate had an eight-time difference with 1.0% and 8.5% for certified and non-certified companies, respectively. Annual regulation violation rates were reduced from 3.5% in 1997 to 1.0% in 1998 with certified companies and from 11.6% in 1997 to 8.5% in 1998 with their non-certified counterparts, respectively. ISO 14001 certified companies showed more improvement than non-certified companies in regards to environmental performance.     

COST EFFECTIVE ARSENIC REDUCTIONS IN PRIVATE WELL WATER IN MAINE1

ABSTRACT: This study was undertaken to investigate the cost effectiveness of selected arsenic avoidance methods. Annual costs of reverse osmosis (RO), activated alumina (AA), bottled water, and rented and purchased water coolers for various household sizes in Maine were compared. Relative ranking of systems shows that RO ($411 annually) is the most cost effective, followed by AA ($518) and one‐gallon jugs of water ($321 to $1,285), respectively, for households larger than one person. One‐gallon jugs ($321) followed by 2.5‐gallon jugs ($358) of water were found to be the most cost effective for households of one person or for households with arsenic III concentrations of 0.02 to 0.06 mg/L and arsenic V concentrations of 0.08 to 1.0 mg/L. Point‐of‐entry systems and water coolers were not found to be cost effective under any of the study's conditions. The research reported here will help states make more definitive treatment recommendations to households regarding the cost effectiveness of alternative treatment systems to reduce arsenic concentrations below 0.01 mg/L. While arsenic removal technologies are improving, which enhances removal rates and reduces costs, the major insights from this analysis appear to be reinforced by technological improvements.     

城市控制爆破工程的爆破事故和爆破公害研究

爆破事故和爆破公害是关于爆破工程中的安全问题 ,笔者对爆破事故中的早爆、拒爆和爆破公害中的爆破振动、爆破空气冲击波、爆破飞石进行了详细论述 ,分析了爆破事故及公害产生的原因 ,从而给出了相应的防止措施 ;进而依法采取了爆破安全管理可行办法