Term
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Definition
| The state owns water above, on and below the ground. |
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Term
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Definition
| Water not distributed uniformly. Water essentially a fixed system in terms of amount. |
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Term
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Definition
| Vary spatially and temporally, makes management complex. |
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Term
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Definition
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Term
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Definition
| Irrigation and Thermoelectric Power |
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Term
| Stages of Water Management: |
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Definition
1: Appraisal
2: Development
3: Management |
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Term
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Definition
| Must know the quantity to work with (we live with the legacy of people not doing this) estimate of characteristics and distribution of resource. Updated information. |
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Term
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Definition
| Not touching resource is a strategy. Use but not necessarily control of resource. Ranges from doing nothing to massive diversions. |
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Term
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Definition
| Right amount at right time, right place right quality for right purpose (this has many variables) |
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Term
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Definition
1. Quantitative
2. Economic
3. Internal
4. External |
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Term
| 1. Quantitative Constraints |
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Definition
| Needs appraisal of physical distribution and the spatial and temporal variability |
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Term
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Definition
| Cost of extracting, conserving, marketing water. (Flint had an economic constraint) |
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Term
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Definition
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Term
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Definition
| Traffic control or pave streets associated with infrastructure |
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Term
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Definition
| Roman Aqueducts, wells and 70,000 miles of canals in Egypt, Incan acequias (ditches and pipes) Anasazi channels. |
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Term
| Early Modern Water Management |
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Definition
Driven by transportation needs (Europes Rhine and Danube system, was connected through a series of locks) Erie Canal
Even later driven by hydropower needs (waterwheels, dams) |
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Term
| Why Aren't many US dams being built now? |
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Definition
| We ran out of room for new structures. |
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Term
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Definition
| English Common Law (not written down, guide for good behavior) with 1 exception of Louisiana who took Napoleonic Code. |
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Term
| Common Law Incentives to Settle |
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Definition
| Swamp Act (filling wetlands to promote settlement), Desert Act (irrigation), Reclamation Act, and Homestead Act. These changed the need for water. |
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Term
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Definition
| Water doesn’t obey state boundaries (conflict between conservation and development. |
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Term
| Role of Crisis in Water Management |
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Definition
| Rivers on fire before people took a look at how polluted they were. Crisis drives awareness and political action. |
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Term
| New Environmental awareness |
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Definition
| Fish and in-stream rights. Wetlands (now seen a valuable). Watershed management. Ecosystem management. |
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Term
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Definition
| Constitution of US (water is mentioned but is an impediment to sane water management. Also sense of individual rights and people in general (political will can happen if people advocate) |
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Term
| California Water Rights System |
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Definition
| Based on 150 years ago. Often quantified incorrectly. (Misses first step in water management: appraise resource) |
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Term
| Surface Water and Groundwater |
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Definition
| Treated differently and Distinctly (mistake). |
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Term
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Definition
| (Emperor of Constantinople) Basis for riparian doctrine |
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Term
| Spanish Water Law in Americas |
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Definition
| Navigable vs. Non-navigable waters |
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Term
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Definition
| Town can use all of the free flowing water in town. |
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Term
| Water Allocation Law (1776-1849) |
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Definition
| Constitution is the fundamental allocation of ownership and management of water. Federal Government structure. |
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Term
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Definition
| Any right or responsibility not in the document is reserved to the states. Doesn’t say anything about water management so it is the states responsibility |
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Term
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Definition
| Commerce between states governed by the feds |
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Term
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Definition
| Feds can provide for the entire population but not used too much because states may revolt. |
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Term
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Definition
| Government cannot take property without just compensation. |
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Term
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Definition
| States cannot enter treaties with other countries. Only feds can. |
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Term
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Definition
| Feds have specific powers, and it needs to have the power to perform everything stated in constitution. |
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Term
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Definition
| If feds and states are acting under constitution the feds will always win. |
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Term
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Definition
| (Geographic in Nature) Most of east coast has riparian doctrine. Most of west has prior appropriation or a mix. |
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Term
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Definition
| People with land adjacent to water can use all the water they want. Stipulation is that when use is finished, must be returned to stream in same condition as it is found. In theory all downstream owners would not be affected. This is not realistic but wasn’t a big issues until the scale of use increased. |
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Term
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Definition
Non-Navigable streams: riparian rights extend to center of stream
Navigable: owned by public and cannot be obstructed.
Riparian owners can build mills and dams
Riparian owners can divert necessary water if it returned.
In essence, this cannot injure another water holder. |
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Term
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Definition
| Nobody can reduce or obstruct flow of water in a stream to the detriment of another. |
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Term
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Definition
| Right of use. States still own water. (Riparian Doctrine) |
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Term
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Definition
| Not defined but is usually economic use. California says irrigating grapes is a beneficial use. Creeps in to western water concept |
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Term
| California Territory (Basis for Prior Appropriation) |
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Definition
| Governed by US military but still technically owned by Mexico. Miners developed their own rules by staking their claim (included a date so the earlier uses were protected) (also includes how much is being used so you can continue to take the same amount) Enforced this by shooting each other and developed small legal systems for land and water. |
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Term
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Definition
| Limited size, staked, gave exclusive right to land and water, claim had to be filed, claim had to be diligently worked (couldn’t stop using it). Water based on priority system of first come first serve. |
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Term
| Priority of Right (Historically) |
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Definition
| Mining claims could be bought and sold. (Mining claims and water claims go together and cannot be separated) |
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Term
| Key Points of Prior Appropriation |
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Definition
May divert water from a stream for non-riparian lands
Beneficial use required
First in time, first in right
Diversion quantities are based in cfs flow rate
Water right cannot be sold, leased or moved if senior holders are impacted.
If water is not used for a certain period of time, water right lost forever |
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Term
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Definition
| Certain time period where water cannot be used before losing claim (5 years in Oregon) |
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Term
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Definition
| Riparian usually loses in a conflict between a prior appropriator and a riparian (because the former has a specific claim) |
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Term
| 1877: Supreme Court Desert Land Act |
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Definition
| Allows states to develop their own water laws on federal land. No federal water law. |
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Term
| Key Evolutions in Riparian Law |
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Definition
| Reasonable Use Principle. Correlative Rights Principle. |
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Term
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Definition
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Term
| Correlative Rights Principle |
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Definition
| People get together and figure how to allocate water throughout watershed (first watershed planning) but anyone can say they don’t want to participate. |
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Term
| Water Efficiency in Prior |
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Definition
| Generally not rewarded and property values are affected by date of seniority and preservation of use. (no incentive to save water) Some states have minimum in-stream flows (Oregon 1987) which cap the amount that can be diverted (appraising resources to look out for fish or other issues) |
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Term
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Definition
Began in 1966 to settle claims of pueblo and non-pueblo irrigators on Rio Grande.
State engineer filed case. Not water users.
Settlement agreed on in 2011 (many years later) when Obama signed a settlement and all of the original parties are all dead. |
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Term
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Definition
Oregon Water Code (becomes written Law) Prior appropriation adopted from 1909 on (prior users can use as such)
1955: Groundwater (one of first states to have permit system for water)
1987: In-stream water rights |
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Term
| Oregon Water Resources Dept. |
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Definition
Determines if use is permitted under basin plans
Priority date is assigned
Determine if water is available. (Can restrict times when water is used)
Determine is restrictions are warranted,
Hearings can be held and can take a long time |
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Term
| 1955: minimum stream flows established. |
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Definition
Higher in western than eastern Oregon, more taken out of stream out east.
Allocation of conserved water program: Key part of in-stream water rights act. 1993. |
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Term
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Definition
Applied to new lands and uses, leased or sold, or left for in-stream purposes
Retains original priority date. New system as opposed to use it or lose it.
Minimum stream flows do not always meet the goal that is set
and demand usually goes up |
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Term
| Solutions to water scarcity: |
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Definition
1) Increase Supply
2) Decrease Use
3) Reallocate |
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Term
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Definition
| Bring in water from elsewhere, recharge aquifers, drill more wells, build more reservoirs, recycle water |
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Term
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Definition
| Raise price, restrict development, restrict use, reward good behavior, use less hydropower |
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Term
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Definition
| Change laws, negotiate treaties with other users, make water a Market commodity |
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Term
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Definition
Permanent purchase or temporary transfer of water rights.
Types of markets: bulletin board, live auctions, etc.
Transfers have risen consistently:
Also have gone from agricultural to environmental, Ag to Urban (Las Vegas), Ag to Ag. |
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Term
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Definition
| point/place of diversion (if access is made easier), purpose of use, timing of use, quality of return flows (newer permits talk about filtration, but a new use can alter this), third party injury issue (if water right sold outside of watershed, people could be impacted, therefore it cannot be sold unless approved). |
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Term
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Definition
| Provides flexibility in use, meets supply and demand market needs, water marketers can target troubled and marginal operations. Turns out people with best water rights went to sell, because they were more in demand.. |
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Term
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Definition
Permanent transfers take land out of production (most common is Ag to urban)
Can destroy a local region’s revenue base/economy.
Possible effects on hydrology, down river effects, etc |
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Term
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Definition
| Transfer of water from marginal place/use only allowed if no injury to other water users |
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Term
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Definition
| Began in 1991 in California: Allowed So Cal cities and farmers to buy water directly from northern California water |
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Term
| General criteria for water markets (Oregon way behind): |
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Definition
Need a procedure to evaluate request, put burden of proof on the proponent of transfer to show no harm (counter to usual economic activities) it is money out of people’s hands to prove there is no harm.
• Burden of proof (big burden). |
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Term
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Definition
| Oregon has done little transfers, mostly by environmental groups to keep water in-stream. |
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Term
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Definition
Managing land and water within a basin to be ecologically healthy and meet demands for water. Does not necessarily include groundwater.
Shifted from extraction and manipulation to long-term sustainability and integrity of resource |
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Term
| Defining Healthy Watersheds |
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Definition
Stream characteristics vary from place to place.
Activities in a watershed affect biodiversity, productivity and cycles. They are searching for a dynamic equilibrium. |
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Term
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Definition
| Broad-based, resource focused, informal and collaborative, action-oriented. Benefits are that they are holistic and democratic. Issue are that water crosses political borders |
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Term
| Oregon Watershed Management |
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Definition
1987: watershed enhancement board created
1993: watershed council authorized
1995: Oregon Plan (salmon restoration efforts)
Councils focus on restoration of habitats. Decommission and close roads, improve fish passage, advocate (small scale though because discord at larger scales) |
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Term
| Parceling out Watersheds (Vogel) |
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Definition
watershed gives authority to a bunch of entities, distribution of authority.
Unified river management focuses on maximum spreadable benefit
•Vogel wants the most spreadable benefits to be looked at and different entities to work together than a lot can be done. |
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Term
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Definition
Reserved when congress creates a federal reservation (set aside)
Examples: forts, parks, forests, Native American reservation
About 50% of all western water flows through federal lands.
Federal right is an implied right: |
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Term
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Definition
| what is the priority date? Quantity of the right? Point of diversion? Feds have no special priority |
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Term
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Definition
| National forest created for timber preservation and to secure water flows. Court says if government wants to secure water, they had to acquire it like any other appropriator. |
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Term
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Definition
| Have nothing to do with water rights. |
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Term
| Practical irrigable acreage |
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Definition
| Establishes how much land is arable and determines how much water the tribe gets. |
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Term
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Definition
| Use it or lose it does not apply. Tribe can use the water for whatever they want. |
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Term
| Reserved (federal) water rights |
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Definition
open ended. (Depend upon future needs while prior appropriation is determined by present use).
• Reserved water rights do not require actual diversion and beneficial use.
Prior appropriation needs a state permit. Federal reservation doesn’t need this. |
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Term
| Federal Right to Regulate water: |
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Definition
• Limited to navigable water (commerce clause, crosses state lines)
• Health and safety.
• Defense of the nation.
• Navigable waterway (lakes, rivers, streams) |
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Term
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Definition
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Term
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Definition
1851: Supreme Court defined US waters (federally regulated) as any stream that can be used for interstate or foreign commerce
1871: legal definition modified to state that any stream that can be used for navigation in its ordinary condition is considered navigable. |
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Term
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Definition
considered part of federal system because it drains into Columbia (international), this can then be applied to tributaries of the Willamette and all the way up, and subject to US regulation.
• If there is a hydrologic connection between a wetland and a tributary, then it is federally regulated. (This is why USACE can dredge) |
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Term
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Definition
| state holds resources in trust for the benefit of the people of the state. State is limited in its authority to alienate (give away) the resource. |
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Term
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Definition
| California supreme court held that public trust values must be considered in conjunction with water rights (California did not have authority to give away Mono lake water to Los Angeles) However, it was too late. |
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Term
| Two goals of federal regulation |
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Definition
• Exploitation and use of resource
• Water quality and environmental protection. |
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Term
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Definition
Oregon and Washington cannot make a treaty)
• Agreements entered into between states to share flow of interstate rivers, control, pollution (if approved by the federal government)
• When water goes across states (first in time, first in right applies across state lines |
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Term
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Definition
Managed completely differently than surface water.
Stems from idea that anyone can use groundwater if they can use it on their property. |
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Term
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Definition
| overdraft, salt-water intrusion, pollution, subsidence. (Areas have sunk) |
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Term
| Groundwater Legal Definitions |
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Definition
Underground Streams
Percolating Waters |
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Term
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Definition
| flow in known and defined channels. (Treated as surface water if the channel is known |
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Term
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Definition
| all other underground waters (Used to be that it all was known as percolating water) (largely unregulated |
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Term
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Definition
| no restrictions on groundwater use from a well dug on property of user. |
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Term
| Rule of Absolute Ownership |
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Definition
| a landowner owns everything above and below the land surface. (Extended to water in some cases, for example Texas, where there was absolute ownership until laws were changed) |
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Term
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Definition
| owner can divert entire yield of underlying aquifer |
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Term
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Definition
| Amount of diversion must be reasonable related to use on overlying land (cant transfer it elsewhere) |
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Term
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Definition
| courts allocate use based on beneficial use |
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Term
| Problems Appraising Groundwater |
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Definition
Resource (out of sight, out of mind) Lack of accurate maps of aquifers.
• Computer simulations are being developed but this system has not been good historically. |
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Term
| State Groundwater Regulation |
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Definition
| State can restrict use to: prevent declines, restore aquifer stability (cannot take away right, but can require it is returned. |
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Term
| 1980: Arizona Groundwater Management act |
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Definition
| introduces concept of safe yield as the basis for reallocation of water resources. (not flexible for changing climatic conditions if aquifers cannot replenish) Standard for all water law. |
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Term
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Definition
| Multistate management: Amount of water returned to aquifer (2.4 billion gallons) Amount drawn for irrigation (20 billion gallons) |
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Term
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Definition
• 10% of western canals lost to evaporation.
• Cement canals prevents percolation (Lining canal saves 67,000 acre-feet of Colorado River water per year. But unlined canal percolates into Mexico groundwater, |
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Term
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Definition
| No proof it actually works, ecological impacts, disputed between states: expected to increase under climate change. |
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Term
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Definition
: measured in terms of water in snow. Often in remote locations. Designed to work for a year or more unattended. Measured by weight. Monitored daily..
• Management for water rights. Decision making for recreation. Climate change indicator. |
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Term
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Definition
• Most dams privately owned. Most are earthen dams (built with earth). Most dams less than 25 feet.
• Over 13,000 dams with high hazard potential
• Recreation stated as primary reason for dams (not true)
• Turkey is currently planning 22 dams
• Dams stated to have multiple purposes for cost-benefit analysis that justifies its construction.
• 30-40,000 US dams considered “danger” dams. |
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Term
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Definition
• If we used the precautionary principle (test chemicals before they are used) it is much more expensive and companies do not want to pay.
Instead, they use the reactionary principle and regulation cannot occur without proof (hard to prove) |
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Term
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Definition
| Governed by federal regulation (navigable waters) and power of purse |
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Term
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Definition
| Water considered polluted if unusable for particular purpose. (Drinking water different than industrial water) |
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Term
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Definition
| Very little done until 1970’s. Based on concept of potable water. |
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Term
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Definition
| requires most public water systems monitor and comply with levels approved by EPA (done under health and safety provisions) (enforced by EPA) |
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Term
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Definition
• Primary: screening, grit removal
• Secondary: Reduce biological oxygen demands
• Tertiary, chemicals, chlorination |
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Term
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Definition
| (regulated by both states and feds) |
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Term
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Definition
| Damp, insect ridden area of muddy soils (idea historically was to fill them) |
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Term
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Definition
• 1966: land with much soil moisture
• 1984: Identified as a habitat with wildlife (started to be seen as potentially beneficial) |
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Term
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Definition
| filter pollutants from water; restrain floods (but much has been filled), shelter fish and wildlife, water supply, aesthetics, recreation. |
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Term
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Definition
| Federal laws applied to navigable waters. 2001: if not hydrologically connected to federal waters then they can’t be regulated federally. |
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Term
| Food Security Act of 1985 |
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Definition
| Farmers are subsidized (stability over time). Farmers then have to play by federal rules and states that if a wetland is filled in they don’t get a subsidy. |
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Term
| National Forest Management Act of 1976 |
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Definition
| cutting can occur in certain areas, but not on wetlands. |
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Term
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Definition
avoiding filling in, minimizing impacts, enhancing or creating new wetlands (new wetlands do not function as well as real ones)
• Not all wetlands are created equal (some have more ecological value)
• Wetlands restoration is possible but not easy to do. |
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Term
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Definition
| allows developers to mitigate payments to a bank whose funds are used to purchase other wetlands |
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Term
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Definition
| Worldwide: floods are #1 cause of property damage and the #2 cause of death (but drought taking over) |
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Term
| Difference between Flood and Drought |
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Definition
| Human Connection to floods: get our attention. Sudden and severe with immediate damage and victims. Drought more subtle. |
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Term
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Definition
| usually used as area where development is restricted. |
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Term
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Definition
• Natural: high precipitation or rapid snowmelt.
• Pineapple Express: causes warm precipitation over snow.
• Anthropogenic: water management. Urbanization causes less lag time due to impervious surfaces. |
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Term
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Definition
| amount of precipitation, duration, type of surface (permeable or not) condition of soil, slope of surface. |
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Term
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Definition
• Federal flood insurance program (100-year flood zone).
• Flood Control Act 1936: declared a federal role in all flood management and put USACE and USDA in charge. (Health and Safety Clause). |
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Term
| Land Use Controls of Floods |
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Definition
• Zoning: must have rational connection between zoning and public health (Public pressure to prevent zoning).
• Zoning requirements: elevated buildings, restricted waterfront construction.
• Easements: Leave property as vegetation.
• Tax Polices for easements. (leave land as agricultural instead of development) |
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Term
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Definition
• 3 million people within 3 feet of sea levels.
• 80% of projected loss if increase of 1 foot.
• 1% of properties have 33% of claims.
• 2012 (Congress Act) No subsidies for second homes, commercial buildings, and homes in flood zones. Updates flood maps. |
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Term
|
Definition
creeping phenomenon of increasing aridity (broad)
• Difficult to define. Over 150 definitions,
• Problem: Difficult to respond to. |
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Term
|
Definition
| degree and duration of dryness as a percentage of long term average |
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Term
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Definition
| insufficient moisture at the right time for growth of crops |
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Term
|
Definition
• Hydrologic: stream flow below predetermined level for specified time
• Socioeconomic: lack of water associated with some economic good (hydrologic mining, car manufacturing) |
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Term
| Palmer Drought Severity Index |
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Definition
| Based on soil moisture. Looks at departures from the norm for specific locations. Cumulative (previous measures create incremental change in prior value of index) |
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Term
|
Definition
Possible link to ocean surface temperatures.
• Departure from normal location of large-scale weather patterns.
Winter drought (based on snowpack) (Vancouver Olympics) |
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Term
|
Definition
| ecological disasters, pollution and health problems, urban and rural fires, and dust bowls. |
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Term
|
Definition
| 3 Major civilizations (Egypt, Mesopotamia, Indus) failed when their water systems failed. |
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Term
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Definition
policy is rooted in allocation of water resources.
• In the west, states have ceded water to individuals.
• Prior Appropriation Water law is a major restriction. |
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Term
| Short term drought mitigation |
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Definition
• Consumer imposed voluntary conservation methods.
• Supplier imposed limitations: rate structures in water pricing: rates go up as consumption goes up.
• Sometimes flow restrictors installed.
• Other restrictions: odd-even water days, no new lawns for new houses (usually easier for rich people to compensate). |
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Term
| Long term drought conservation |
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Definition
• Expand off-stream and groundwater storage programs (dams) utilize more winter flow, additional structures, and more efficient water use.
• Water markets (sell or lease) cant cause third party harm. |
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Term
|
Definition
• Nature of resource: common property (tragedy of the commons)
• Ocean resources: gas, ores. Etc. |
|
|
Term
| General Marine Jurisdiction |
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Definition
|
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Term
|
Definition
|
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Term
|
Definition
• Nature of resource: common property (tragedy of the commons)
• Ocean resources: gas, ores. Etc. |
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Term
|
Definition
| international waters: no rules, police, control, |
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Term
|
Definition
| pipeline leaks and runoff (61%) in lakes and rivers. Other in oceans |
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Term
| UN Convention on Law of the Sea |
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Definition
• 1958: effective In 1994. US is not a party (wont ratify) (every single country has a right to the ocean)
• Reserves 3/5 of ocean as common resource
• Ocean floor is common planetary resource.
• Enforcement is the biggest problem |
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Term
|
Definition
• In 1991: scientists predicted surface warming, reduction of sea ice, arctic warming, continental dryness, vegetation changes, etc. (all of which have occurred).
will lead to water conflict, destabilizing and violence. |
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Term
|
Definition
• We need political will (usually we wait for a crisis before we react).
• Legislative route: amend constitution to say water rights are not property rights so state can take over claims
• Could be considered that states never had the right to give up their rights in the first place. |
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