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.     

QUALITY OF WATER AND BOTTOM SEDIMENTS IN THE TRINITY RIVER1

ABSTRACT: Data were developed to determine the quality of water and bottom sediments in the Trinity River, and the mobility of various contaminants when bottom sediments were mixed with the river water under simulated dredging conditions. Thirteen sampling sites were selected. A number of chemical tests including heavy metals and pesticides were conducted on river water, elutriates, and bottom sediments. Statis bioassays using Daphnia magna were conducted on river water and elutriates. Results indicated that the river in the upper reach is grossly polluted due to discharge of waste water effluents from several large treatment plants. High concentrations of nitrogen, phosphorus, organic carbon, COD, heavy metals, and pesticides were found in water and bottom sediments. The concentrations of most of these pollutants exceeded the EPA recommended limits. Elutriation gave no consistent results, perhaps because of release or uptake of contaminants from the sediments. High mortality of D. magna were also recorded in the upper reach of the river. The quality of water and bottom sediments gradually improved in lower reaches.     

Identifying Potential Conflict Associated with Oil and Gas Exploration in Texas State Coastal Waters: A Multicriteria Spatial Analysis

Recent interest in expanding offshore oil production within waters of the United States has been met with opposition by groups concerned with recreational, environmental, and aesthetic values associated with the coastal zone. Although the proposition of new oil platforms off the coast has generated conflict over how coastal resources should be utilized, little research has been conducted on where these user conflicts might be most intense and which sites might be most suitable for locating oil production facilities in light of the multiple, and often times, competing interests. In this article, we develop a multiple-criteria spatial decision support tool that identifies the potential degree of conflict associated with oil and gas production activities for existing lease tracts in the coastal margin of Texas. We use geographic information systems to measure and map a range of potentially competing representative values impacted by establishing energy extraction infrastructure and then spatially identify which leased tracts are the least contentious sites for oil and gas production in Texas state waters. Visual and statistical results indicate that oil and gas lease blocks within the study area vary in their potential to generate conflict among multiple stakeholders.     

Identifying the impact of the built environment on flood damage in Texas

Floods continue to pose the greatest threat to the property and safety of human communities among all natural hazards in the United States. This study examines the relationship between the built environment and flood impacts in Texas, which consistently sustains the most damage from flooding of any other state in the country. Specifically, we calculate property damage resulting from 423 flood events between 1997 and 2001 at the county level. We identify the effect of several built environment measures, including wetland alteration, impervious surface, and dams on reported property damage while controlling for biophysical and socio-economic characteristics. Statistical results suggest that naturally occurring wetlands play a particularly important role in mitigating flood damage. These findings provide guidance to planners and flood managers on how to alleviate most effectively the costly impacts of foods at the community level.     

Oil Production, Agriculture, and Groundwater Quality in the Southeastern Gulf Coast Aquifer, Texas

Associations between groundwater quality and land usewere evaluated in the southeastern Gulf Coast Aquifer,Texas. Data from 19 234 oil/gas wells and 256 water wellswere mapped with a geographic information system (GIS) andstatistically analyzed. Water wells near oil/gas wells hadsignificantly higher levels of chloride, bromide, and totaldissolved solids (TDS). Bromide-chloride ratios were alsohigher at water wells near oil/gas wells. Shallower waterwells had significantly higher chloride, bromide, TDS, andnitrate concentrations. Nitrate concentrations were higherbeneath cropland compared to other land uses. Results ofthis study suggest that oil/gas production and agriculturehave impacted water quality in the Gulf Coast Aquifer.     

Spatial patterns of nitrate,chloride, sulfate,and fluoride concentrations in the Woodbine Aquifer of north-central Texas

A geographic information system was used to map and analyze nitrate, chloride, sulfate, and fluoride concentrations in 110 wells tapping the Woodbine Aquifer. The study area, covering ninecounties in north-central Texas, includes large percentages of both urban and agricultural land uses. Land use maps were compared with solute concentration data, and statistics were applied to detect associations between solutes, well depth, andland use. Anthropogenic sources such as fertilizer applications and natural sources such as gypsum, lignite, and clay deposits controlled nitrate, chloride, and sulfate concentrations, each inversely correlated with well depth. However, only one nitrate observation – from a shallow well in the aquifer's outcrop zone – surpassed the maximum contaminant level (MCL) of 44.3 mg L^-1. By comparison, nearly half of the sulfate and several of the chloride observations surpassed the MCL of 250 mg L^-1for each of those ions. Volcanic ash deposits influenced fluorideconcentrations, which directly correlated with well depth. There were no statistically significant associations between solute concentrations and land use. Low recharge rates and confining layers have mitigated anthropogenic impacts on solute levels in the aquifer.     

CONJUNCTIVE MANAGEMENT OF WATER RESOURCES IN THE CONTEXT OF TEXAS WATER LAW1

ABSTRACT: This paper examines the critical interaction between existing Texas water law and the state's water resources. Conjunctive use and management of interrelated water resources, though seldom practiced, is generally considered desirable. However, a significant barrier to the coordinated, efficient use and management of water resources is the legal division of water in the various phases of the hydrologic cycle into different classes and recognition of well-defined water rights in the separate phases. Several examples of the problems which relate to, or result from, present Texas water law and which prevent correlated water resource management are discussed. Any substantive revision of Texas law, particularly ground water law, will apparently be difficult to achieve in the immediate future, primarily because of the large number of recognized private water rights and the political power inherent in them. Data necessary for operation of conjunctive management systems are gradually being acquired, and perhaps someday other hydrologic phases can be integrated with surface and ground water. Nevertheless, Texas courts and the legislature have sufficient information on the interrelated hydrologic cycle so that prospective water conflicts should be anticipated and avoided. Great care must be exercised in the recognition of new types of private water rights or extension of existing rights, because this institutional structure, once established, presents a formidable obstacle to desirable revisions of the law.     

Natural environmental impact assessment: A rational approach

A method is presented which combines environmental indices and estimates of inputs from various land uses to aid in environmental impact assessments. Unweighted pair/group cluster analyses are used to obtain relationships between easily observable environmental indices, such as vegetation types, soils, and geology, based on their mutual recurrence. These relationships are shown by using an ordination technique which shows the nature of complex impacts on a natural system. Results are used to develop anenvironmental effects sequence diagram based on known scientific and engineering principles and observed natural relationships. The diagram may be used in conjunction with land use data to estimate the possible magnitude of impacts on the pre-existing system which may result from such land use. Several examples are developed which quantify inputs from various land uses and which compare them with environmental inputs including point source and non-point source liquid and atmospheric emmissions, land modifications, and resource consumption. Known average values are used and a separate comparison is made in describing the vast differences between the project phases of construction versus longterm operation. A hypothetical environmental impact assessment is given for a small residential development in Chambers County, Texas, U.S. of A.     

Nitrate reduction during ground-water recharge, Southern High Plains, Texas

In arid and semi-arid environments, artificial recharge or reuse of wastewater may be desirable for water conservation, but NO₃⁻ contamination of underlying aquifers can result. On the semi-arid Southern High Plains (USA), industrial wastewater, sewage, and feedlot runoff have been retained in dozens of playas, depressions that focus recharge to the regionally important High Plains (Ogallala) aquifer. Analyses of ground water, playa-basin core extracts, and soil gas in an 860-km² area of Texas suggest that reduction during recharge limits NO₃⁻ loading to ground water. Tritium and Cl⁻ concentrations in ground water corroborate prior findings of focused recharge through playas and ditches. Typical δ¹⁵N values in ground water (>12.5‰) and correlations between δ¹⁵N and ln C_NO⁻3–N suggest denitrification, but O₂ concentrations ≥3.24 mg l⁻¹ indicate that NO₃⁻ reduction in ground water is unlikely. The presence of denitrifying and NO₃⁻-respiring bacteria in cores, typical soil–gas δ¹⁵N values <0‰, and decreases in NO₃⁻–N/Cl⁻ and SO₄²⁻/Cl⁻ ratios with depth in cores suggest that reduction occurs in the upper vadose zone beneath playas. Reduction may occur beneath flooded playas or within anaerobic microsites beneath dry playas. However, NO₃⁻–N concentrations in ground water can still exceed drinking-water standards, as observed in the vicinity of one playa that received wastewater. Therefore, continued ground-water monitoring in the vicinity of other such basins is warranted.     

Enforcement costs and regulatory reform: The agency and firm response

Influenced by models of optimal law enforcement, several authors have recently revised the work on efficient levels of regulatory control to accommodate the realities of underenforcement and imperfect compliance. However, most of these efforts have centered on either the enforcement agency or the firm and have largely ignored the decentralized nature of the enforcement process. This paper extends these results by modelling both the firm and the local agency and by incorporating detection uncertainty and concealment activity. Each model is then evaluated with respect to the alternative regulatory regimes of direct controls and emission taxes.