PRINCIPLES FOR INTERNATIONAL GROUND-WATER LAW (II)

This is the second part of a paper outlining some principles applicable to the development of international law in the sub-sector of ground-water resources. In the first part of the paper, in the previous issue of the Forum , national ground-water laws were investigated to examine their suitability for adaptation at the international level. This part of the paper is devoted to reviewing the interjurisdictional experience among federated states and among independent states. It also draws the general conclusion of the entire paper.     

TRANSITIONS IN MIDWESTERN GROUND WATER LAW1

ABSTRACT: The evolution of ground-water law in eight states in the Midwest (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) is examined, and a review of transitions in ground-water doctrines is presented. Two underlying themes in changing ground-water management are communicated. First, ground-water law is evolving from private property rules of capture based on the absolute ownership doctrines to rules requiring conservation and sharing of ground water as a public resource. Second, in both courts and state legislatures, a proactive role of ground-water management is emerging, again, with an emphasis on sharing. Both of these trends are apparent in the Midwest. In the last decade midwestern states have (1) seen significant shifts in court decisions on ground-water use with greater recognition of the reciprocal or mutually dependent nature of ground-water rights, and (2) seen increased legislative development of comprehensive ground-water management statutes that emphasize the reciprocal liabilities of ground-water use. These trends are examined and ground-water management programs discussed for eight states in the Midwest.     

ADMINISTRATION OF GROUND WATER AS BOTH A RENEWABLE AND NONRENEWABLE RESOURCE1

ABSTRACT: Ground water is intended to be administered in many western states as a flow or renewable resource. In Idaho, this administration is based on the appropriation doctrine of water rights. Two generalizations may be made concerning ground water. First, water artificially discharged from an aquifer system must deplete the total resource by that amount; water consumptively pumped from a well must be derived from either increased recharge, decreased discharge or a decrease of water in storage. Second, the annual rate of recharge to a ground-water system is often only a small percentage of the total resource in storage. Ground water may be divided into flow and stock portions. In those basins where the second generalization is true, most ground water may be classified as stock. However, only the flow portion of ground water may be developed if utilization of the resource is to be enjoyed over an infinite period. Data from the Raft River Basin in Idaho indicate that the flow and stock characteristics of ground water are time dependent. The resource exhibits the characteristics of both a renewable and nonrenewable resource. As a result, present administrative techniques do not provide for effective management of the resource.     

DYNAMIC PROGRAMMING FOR OPTIMUM CONJUNCTIVE USE1

The Las Vegas, Nevada area like most semi-arid basins, was developed through exploitation of available ground-water resources. Area growth in this large valley has occurred in a scattered and sporadic manner with development both in incorporated areas and within the County. As a result, today there exist five major water suppliers which are: a water district, three municipalities, and a large corporation, in addition to numerous small water companies and thousands of domestic wells. In the past 20 years the area has grown from a population of less than 50,000 to over 300,000 today. The bulk of the water demand for this growth has been met from the ground-water resource and as a result the basin is being severely mined. Current extractions are over three times the estimated annual replenishment. Rapidly declining water levels are increasing the costs of water and are creating water shortages during periods of peak demand. To meet both the current and anticipated water demands, the Southern Nevada Water Supply Project is being constructed to import additional water from nearby Lake Mead. Agriculture in the area is very limited, and primarily uses reclaimed waste water for irrigation. The chief water demands in the area are thus municipal and industrial, with the former predominating. This study was designed to determine how best the Las Vegas Valley Water District, supplier of 80 percent of the domestic water, might integrate the use of the existing ground water and anticipated imported surface water. Additionally the consequences of application of certain provisions in the Nevada Water Law were examined to determine their effects on the ground-water system and costs of water. To achieve these objectives, a dynamic programming technique was utilized. The problem as formulated consists of a single decision variable, single state variable dynamic programming algorithm evaluated over a fifty-year planning horizon at monthly intervals. Three alternative solutions, with different ground-water law constraints are evaluated. In all solutions certain basic operating rules regarding ground-water pumping distribution and use of surface-water systems are kept constant. The problem is considered as deterministic in all respects. Recharge to ground water is assumed to equal the estimated average annual replenishment evenly distributed over the year and additionally is not considered to be a function of average basin ground water potential. The only surface supply, Lake Mead, is considered to operate at near constant elevation and not be subject to shortage conditions. In light of the size of Lake Mead, the Colorado River flow and the size of Nevada's allotment, 300,000 ac ft, the latter assumption is reasonable. Demand for water is considered as a known function of time. Optimization of conjunctive use for the Water District is based on the objective function of minimizing water production costs. Costs of distributing water are considered to be constant regardless of source, and so are not included. Also, fixed costs of amortizing the pipeline project and well fields are not considered. Results of the study are presented as a series of policy traces under each of the three alternatives considered. These traces describe the ground-water basin response under optimal operating conditions, given an estimate as to the present worth of ground-water pumping rights, and prescribe monthly water-procurement schedules for the operation of the Water District.     

Community-level access and control in the management of Lake Victoria's fisheries

The fisheries of Lake Victoria have reached a critical stage in their development: catches are declining, and there is increasing evidence of hardship amongst the fishing communities. In an effort to countermand the reduction in the flow of economic benefits the lake's riparian states are collaborating with international agencies to develop a fisheries management strategy that would be based on a partnership between stakeholders. One possible area for such collaboration is via the devolution of certain access controls to fishing communities. This paper describes findings from recent research and argues that notions of access are linked to community perceptions of the resource, control over it and their own individual and collective manoeuvrings designed to retain and improve livelihoods.     

THE PALMER DROUGHT SEVERITY INDEX AS A MEASURE OF HYDROLOGIC DROUGHT1

ABSTRACT: The Palmer Drought Severity Index (PDSI) is perhaps the most widely used regional drought index. However, there is considerable ambiguity about its value as a measure of hydrologic drought. In this paper the PDSI for climatic divisions in New Jersey is compared to the occurrence within each climatic division of streamflows in their lower quartile for the month (streamflow index), and ground-water levels in their lower quartile for the month (ground-water index). These indices are found to have distinct properties. It is not uncommon for PDSI values to indicate “severe” or “extreme” drought at times when the streamflow or groundwater index is above its lower quartile at many stations within the climatic division. The PDSI values and groundwater index indicate more persistent subnormal conditions than the streamflow index for truncation levels yielding the same total duration of drought over a period. The ground-water index tends to indicate a later beginning to droughts and of the three indices is the most conservative indicator of a drought's end. Drought timing and duration properties for the ground-water index are found to be highly influenced by the average depth to water in the well. Overall, the three indices of drought can provide three very different characterizations of drought. In particular, the results indicate that considerable caution should be exercised in drawing conclusions about hydrologic drought from the PDSI.     

DETERMINING MINIMUM FLOWS AND LEVELS: THE FLORIDA EXPERIENCE1

ABSTRACT: Florida water resources are among the most abundant in the United States, with Florida receiving the second‐highest mean annual rainfall of all states. However, water supply issues have troubled the state due to the highly variable spatial and temporal distributions of water supply and demand, and they are aggravated by the population's preference for settling in coastal regions where freshwater resources are scarce. Historically, the competing issues of water resource development and natural systems protection have placed water management agencies and local governments at odds. In 1997, the Florida Legislature enacted several major changes to Florida water law in an attempt to improve water resource planning and protection. This paper briefly reviews the history of water management in Florida with an emphasis on decisions culminating in the 1997 legislation, which requires the development of minimum flows and levels. Also examined is the impact of the 1997 law on water management. Efforts made to comply with legislative mandates are summarized; these include, to date, establishment of minimum flows and levels on 209 water bodies and budgeting in excess of $1.4 billion for water resource development projects.     

Whither La Plata? Assessing the state of transboundary water resource cooperation in the basin

In many ways, current treaty arrangements for cooperation over shared water resources among Argentina, Bolivia, Brazil, Paraguay and Uruguay — the five riparian states in South America's La Plata basin — have been relatively successful. These arrangements, mostly bilateral and trilateral partial coalition agreements and institutions that operate under the aegis of the 1969 La Plata River Treaty, have led to significant economic gains from the treaty arrangements for all five riparian states. But these economic gains have also generated significant externalities — particularly, severe environmental degradation — suggesting that alternate cooperative arrangements may be more optimal. Current work suggests that grand coalitions following principles of Integrated Water Resource Management (IWRM) may provide the most efficient means of distributing the benefits and costs of water resource cooperation equitably across riparian states. Using a theoretical framework developed by Just and Netanyahu (1998 ), we find that the arrangement of partial coalitions that exists in the La Plata Basin is preferable to a grand coalition because of its higher degree of stability. Finally, given the ways in which these partial coalitions are beginning to incorporate IWRM techniques, gaining experience and international recognition, we consider whether it is likely that partial coalitions will lead to a grand coalition in the foreseeable future.      

Resource diplomacy in a Canadian perspective

Concern for the supply of resources—renewable and nonrenewable—has been evident during the 1970s. All countries seek to increase the economic and social returns from the exploration, processing and distribution of minerals so as to improve the quality of life of their people. Proper resource management is imperative because of the interdependence of the mineral sector with other leading sectors of the economy and also because of the importance of minerals in the web of international economics. This paper emphasises the significance of recent international events as they affect the mineral industry and the Canadian position in the ever changing world of resource diplomacy.     

A METHODOLOGY FOR OUTDOOR RECREATION ANALYSIS IN A STATE WATER RESOURCES PLANNING STUDY1

ABSTRACT: The paper presents a methodology for outdoor recreation analysis in a comprehensive State water resources planning study. This methodology applies to determination of recreation participation desires among the population, allocation of those desires to areas of potential resources within which they must be satisfied, comparison of the areal potential resources against the allocated desires to identify areas having recreational resource deficits or needs, and exploration of alternative solutions to the identified needs. Major elements discussed are: market area, inflow-outflow, resource desire determination and projection, resource desire allocation, facility inventory, resource desire-resource analysis and alternative solutions to identified needs of water-oriented outdoor recreation.     

The Commons in Transition: Agrarian and Environmental Change in Central and Eastern Europe

This paper analyzes institutional dynamics surrounding common-pool resources in postsocialist Central and Eastern Europe. It is conceived in close conjunction with the case studies by Penov, Schleyer, and Wasilewski and Krukowski (this issue). The purpose of this paper is to frame the individual case inquiries, compare their findings, and relate those to broader agrarian and environmental changes in the region.The case studies report a broad shift in resource governance from the previously dominant legal and administrative state hierarchies towards markets. In addition, state power has moved from central towards local authorities. The waning and decentralization of state power has caused the emergence of significant gaps between property legislation and rights-in-practice, which have been particularly stark in fragmented political systems. The discrepancy between legal texts and rights-in-practice leads to the exclusion of wider interests in favor of individual interests in the management of common-pool resources, resulting in resource deterioration and dwindling resource stocks. Thus, the comparative assessment suggests a tentative framework for understanding the effects of postsocialist transformations on governance of the commons and environmental change in Central and Eastern Europe. Its findings indicate an additional dimension to the diversity and distributive conflicts characterizing postsocialist privatization: the distribution of various rights to a resource among different actors. The findings also suggest the need for postsocialist states to take an active role in the governance of common-pool resources, particularly in the enforcement of legal rights. Note: This version was published online in June 2005 with the cover date of August 2004.     

WATERSHED COUNCILS: AN EMERGING FORM OF PUBLIC PARTICIPATION IN NATURAL RESOURCE MANAGEMENT1

ABSTRACT: There is increasing interest in using watershed councils to provide information to public natural resource managers, particularly in the western states. Watershed councils are composed of interested governmental and nongovernmental stakeholders that form to collaboratively manage water and other natural resources at the scale of a watershed. This research is the first step in a multi-step policy analysis designed to answer the question of whether watershed councils are an improvement over traditional methods of public involvement in natural resource management. This paper outlines why watershed councils form and discusses their structure and operation. There is considerable variability in terms of watershed councils' goals, their effectiveness, stakeholder composition, their involvement in the “real” decision-making process, types of participation that are allowed, leadership, financing, decision-making procedures, efficiency, and temporal scale. These structural components are presented as a framework that can be used by researchers to develop criteria to evaluate watershed councils.     

RATIONAL PROTECTION OF WATER RESOURCES IN COASTAL ZONES THROUGH PLANNED DEVELOPMENT1

ABSTRACT: A significant water-resources problem in Florida and other coastal states where the ground-water resources are threatened by salt-water intrusion or direct pollution from septic tanks, canals or marinas, is the almost explosive urban development of the limited coastal zone without or with only little water related planning. The reported study deals with the establishment of methods for identification of areas which are suitable for development and of areas where complete preservation or controlled and limited development should be encouraged. A methodology using data input available from such federal and state agencies as the USGS, the U. S. Weather Bureau, and the various State Geological Surveys is developed and brought on a graphic form that will guide the planning process and allow the urban planner even without a background in geohydrology or water-resources engineering to identify the problem areas.     

IRRIGATION DEVELOPMENT AND MANAGEMENT ALTERNATIVES OF A DOLOMITE AQUIFER IN NORTHEASTERN ILLINOIS1

ABSTRACT: Irrigation development of the dolomite aquifer in eastera Kankakee and northern Iroquois Counties, Illinois, is extensive and increasing. Interruptions of domestic supplies have been reported with increasing frequency during the 1980's. To address this issue, a regional assessment of the ground-water resources of the region was conducted in 1987 and 1988. Options for managing the dolomite aquifer were also investigated. Hydrogeology of the dolomite aquifer was determined using five aquifer tests. Tranamissivity values of the dolomite aquifer ranged from 14,000 to 50,000 gpd/ft (168 to 600 m³/m/day). Storage coefficients were between 0.0001 and 0.0002, within the range of a confined (artesian) aquifer. Based on flow-net analyses, recharge of the dolomite aquifer ranged from 85,000 to 285,000 gpd/mi² (124.4 to 417.0 m³/day/km²). Water levels of the dolomite aquifer were mapped during five periods in 1987 and 1988 by measuring up to 226 wells completed in the dolomite aquifer. Maximum regional water-level declines because of irrigation pumpage were 44 feet (13.4 m) in 1987 and 72 feet (21.9 m) during the drought of 1988. Based on ground-water use data, precipitation records, and hydrogeologic information, the magnitude of water-level declines can be attributed more to differing hydrogeologic conditions than to pumpage or climatic changes. Existing ground-water management methods for resolving conflicts over the ground-water resources of the study area are reviewed and alternative management options explored.     

Forecast of the demand and supply plan of China’s uranium resources till 2030

This paper’s purpose is to predict China’s uranium resources demand from 2016 to 2030 based on experimental modeling. In addition, we discuss the future supply structure of China’s uranium resources by analyzing the domestic and foreign supply capacity of China’s uranium resources. According the forecast results, Chinese uranium resource demand will reach 21385 tU in 2030 under a medium scenario. Due to the poor endowment of uranium resources, China’s domestic uranium production will increase slowly. It can be calculated that the total demand of uranium resources in China during 2016–2030 will be 216581 tU, the cumulative production of domestic production will be 37900 tU, the overseas production will be 41950 tU, and the international market purchases will be 130574 tU. Hence, the cumulative degree of dependence on foreign resources is approximately 80%. China’s foreign dependence on uranium will be greater than for oil, and the situation will become extremely serious. Therefore, we put forward several suggestions to ensure the supply of China’s uranium resources: (1) strengthening mineral exploration and increasing domestic production, (2) actively operating the “going out” strategy, (3) enhancing the enterprise competition ability, and (4) establishing uranium resource reserves. By these means, China could efficiently guarantee the domestic uranium resource security and respond to the competition of India’s uranium resources demand increased.     

ASSESSING ENVIRONMENTAL EFFECTS OF SEVERE SUSTAINED DROUGHT1

ABSTRACT: Evaluation criteria for reservoir and stream resources were developed to provide decision makers with feedback on environmental consequences of water allocation decisions under conditions of severe sustained drought within the Colorado River Basin by using the AZCOL gaming simulation model. Seven categories of flow dependent resources were identified which highlight resource states associated with reservoirs or river reaches within the AZCOL model. AZCOL directly simulates impact of water management decisions on five resource categories: threatened, endangered or sensitive fish; native nonlisted fish; wetland and riparian elements; national or state wildlife refuges; and hatcheries or other flow dependent facilities. Two additional categories - cold and warm water sport fish - are not modeled explicitly but are incorporated in the evaluation of monetary benefits from recreation on Colorado River waters. Each resource category was characterized at each time step in the simulation according to one of four environmental states: stable, threatened, endangered, or extirpated. Changes in resource states were modeled by time and flow-dependent decision criteria tied to either reservoir level or stream flows within the AZCOL model structure. Gaming results using the AZCOL model indicate environmental impacts would be substantial and that water allocation decisions directly impacted environmental resource states.     

The common property resource problem and the fisheries of Barbados and Jamaica

Common property resources (CPR) tend to be particularly susceptible to depletion and degredation. This creates problems for sustainable development and for resource stewardship in general since many of the key global resources are common property. The article explores the different definitions of CPR and the traps associated with the harvesting of CPR without understanding the social, economic, and environmental costs related to their exploitation. The commons problem may be approached in terms of a private property solution, the allocation of individual quotas to fishermen, or a communal property solution in which communities of fishermen basically manage their own fisheries. The offshore fishery of Barbados lends itself to the private property solution, and the inshore fishery of Jamaica, to the communal property solution.Drawing from case studies of Jamaica and Barbados fisheries, four principles of CPR use are proposed: (a) the solution of the CPR problem starts with the control of access to the resource, (b) increasing production from a CPR depends on the conservation of the resource base, (c) the sustainable utilization of a CPR is closely connected to the use of technology appropriate for the harvest, and (d) local-level management improves prospects for the sustainable use of a CPR. The case studies illustrate that there may be local, national, and international levels of interest over the resource. Hence, the successful management of such resources as Barbados and Jamaica fisheries requires that conflicting demands for the resources be taken into account, perhaps using a cooperative management approach.     

Do natural resources and economic components exhibit differential quantile environmental effects?

In view of the resource curse assumption, the environmental aspects of resource utilization are arguably posing more dangers to human existence. In the Middle East and North Africa (MENA) region, the region that holds more than 60% and 50% of the world's oil and gas reserves respectively, the need to examine the contribution of natural resources to environmental quality among other factors cannot be overemphasized. By leveraging on the novelty of observing the differential impact of natural resources and other economic components such as income and primary energy utilizations across the quantiles of carbon emission, this study implements the quantile regression approach alongside other relevant techniques to analyze data between 1990 and 2018 for selected countries in the MENA region including Saudi Arabia, Iran, Kuwait, Qatar, Algeria, Morocco, Oman, Egypt, and the United Arab Emirates (UAE). The result posits that natural resource utilization generally hampers the environment across the quantiles. However, this negative effect decreases until the 50th quantile before starting to rise again toward the upper quantiles. Additionally, primary energy utilization and globalization respectively worsen and improve environmental quantile, especially toward the upper quantiles while income affirms the inverted U-shaped hypothesis across the entire quantiles. Moreover, there is a statistically significant one-way directional causality from natural resources, economic expansion, primary energy use, and globalization to carbon emission levels. Hence, the study offers environmentally friendly resource utilization policies to the MENA economies and other resource-rich states by extension.     

Reducing Nonpoint Source Pollution Through Collaboration: Policies and Programs Across the U.S. States

Nonpoint source (NPS) pollution has emerged as the largest threat to water quality in the United States, influencing policy makers and resource managers to direct more attention toward NPS prevention and remediation. In response, the United States Environmental Protection Agency (USEPA) spent more than $204 million in fiscal year (FY) 2006 on the Clean Water Act’s Section 319 program to combat NPS pollution, much of it on the development and implementation of watershed-based plans. State governments have also increasingly allocated financial and technical resources to collaborative watershed efforts within their own borders to fight NPS pollution. With increased collaboration among the federal government, states, and citizens to combat NPS pollution, more information is needed to understand how public resources are being used, by whom, and for what, and what policy changes might improve effectiveness. Analysis from a 50-state study suggests that, in addition to the average 35% of all Section 319 funds per state that are passed on to collaborative watershed groups, 35 states have provided financial assistance beyond Section 319 funding to support collaborative watershed initiatives. State programs frequently provide technical assistance and training, in addition to financial resources, to encourage collaborative partnerships. Such assistance is typically granted in exchange for requirements to generate a watershed action plan and/or follow a mutually agreed upon work plan to address NPS pollution. Program managers indicated a need for greater fiscal resources and flexibility to achieve water quality goals.     

Comparing two sets of forest cover change knowledge used in forest landscape management planning

Forecasts of future resource states are central to resource management planning. Many simulation models and planning tools are used to produce such forecasts and apply knowledge of resource change dynamics as key input. Consistency among knowledge sources is therefore important to avoid knowledge ambiguity and uncertainty in resource forecasts and management plan outcomes. Using Ontario's boreal forest landscape as a case study, this paper examined two knowledge sources of forest resource change, practitioner expertise and research studies, commonly applied in plans and policies for large forest landscapes. The two knowledge sources were quantitatively compared by constructing networks of forest cover change for both sources and determining their agreement in structure and transition times. Some networks agreed well, indicating little knowledge ambiguity and comparatively low uncertainty if they were used to forecast forest landscapes. Other networks showed low agreement, thus indicating higher knowledge ambiguity and a dilemma of choice for forest landscape planners who may have to select from these knowledge sets. It is suggested that knowledge disagreements may be widespread in knowledge-driven management planning of many natural resource types and their causes similar. These disagreements signal areas of knowledge uncertainty, where resource planners must address resulting uncertainty of management outcomes and research should focus on improving resource change knowledge.