The earth is 71% covered by water... Earth is the only planet known to have water in all three phases (gas, liquid, and solid) It never disappears, as it is perfectly recycled

Our Wonderful Water World A solar-powered water world!

A water shortage?  With a planet covered in water?  With perfect solar powered recycling taking place constantly?  HOW can one claim that water is a resource in crisis?

The Water Cycle... Perfect recycling Ecclesiastes 1:7 All the rivers run into the sea; yet the sea is not full; unto the place from whence the rivers come, thither they return again

 Ocean water 97.2%  Polar Ice 2.15%  = 99.35% .65% of global water supply is the amount generally available for human use.

The problem with water…  uneven distribution… some areas have too much water, others much less than necessary  And when it is present, the water is often in a condition that makes it unacceptable for specific uses… e.g. salty or polluted or full of sediment

The approximate location of the 100 th Meridian… the traditional dividing line between the humid east and the arid west

Water Laws… east vs. west  East of the 100 th Meridian in the US, water is generally abundant  The law governing water allocation in the East is the same as in Europe… the Riparian doctrine  West of the 100 th Meridian, water is governed by an entirely different set of assumptions Prior Use doctrine or APPROPRIATION DOCTRINE

The background…  Spanish water law emphasized the need for fair division of the available water. All water was owned by the king. While the water rights of individuals were to be protected, the rights of the community weighed more heavily than those of the individual.  Spanish water law emphasized the need for fair division of the available water. All water was owned by the king. While the water rights of individuals were to be protected, the rights of the community weighed more heavily than those of the individual.  English water law was relatively simple being formed where water was abundant and conflicts over its use rare. The navigable waters of England belonged to the Crown and were available to the public for the purposes of navigation and fishing.  English water law was relatively simple being formed where water was abundant and conflicts over its use rare. The navigable waters of England belonged to the Crown and were available to the public for the purposes of navigation and fishing.  Rights to the use of waters were held by those who owned the banks of the streams

Riparian Doctrine  Water flowing in defined watercourses is treated under riparian doctrine.  Rights arise from ownership of real property underlying or bordering a stream or river.  A riparian right is the right to use water flowing in a stream on riparian land. No right to divert a specific quantity of water is obtained.  A riparian may use all water necessary for domestic use (drinking, bathing, cooking, laundry, livestock watering, and other uses essential to the preservation of life and health).  If there is insufficient flow to maintain all domestic and non-domestic uses, domestic uses have priority.

Riparian Doctrine contd.  Riparian users are entitled to "reasonable use" which may cause some diminution of streamflow so long as other riparians are not "unreasonably" harmed.  The landowner does not own the water itself but rather the right to use it on his riparian land.  Based on English ‘Common Law’ adjudicated in the courts

Appropriation (Prior Use) Doctrine  First in time of use is first in right (i.e., the earliest appropriator on a stream has the first right to use the water), and  Application of the water to a beneficial use is the basis and measure of the right.  The law in virtually all western states.

Water in the west…  Eighty percent of the Nation’s water is used in the West—most of it for agriculture  Water left in the stream is considered ‘wasted’  Water rights exist as a legal entity independent of the land.

BLUE states generally use riparian doctrine. GREEN states generally are considered regulated riparian. RED states generally use the prior appropriation doctrine. GRAY states use mixed approaches.

Defining ‘beneficial’  Beneficial use has two components: the nature or purpose of the use and the efficient or non-wasteful use of water.  Keeping water in the stream is considered ‘wasteful’  The issue of anadromous fish!

Water and Wildlife  The special case of Salmon in the Pacific Northwest  In the Columbia River basin, development was modeled on the Tennessee River system  The entire river system is controlled by a series of dams that provide hydroelectric power, make the river navigable and provide ‘recreation’ opportunities

Salmon…. More than resource… a spiritual identity for the region

“IN Stream flow”  There is a benefit to fish (esp. temperature sensitive fish species like salmon and trout) of keeping water in the stream  This benefit can be expressed in economic terms  Some of the most successful programs transfer $ from advocacy groups to ranchers to purchase forage crops for their cattle… forgoing using their water rights to irrigate pastures/hay fields.

Water...

Water Use: Withdrawal vs. consumption irrigation consumes the highest percent (81 percent) commercial the lowest (1 percent) The difference between the volume of water withdrawn and that consumed is the return flow.

Irrigation 81% of water used for Irrigation is ‘consumed’... Removed from the water system (evapo-transpiration) and it is by far the most consumptive use of water. Technology has made irrigation much more efficient.... Drip Irrigation has single emitters for each plant

How much water is consumed? How much is returned to the hydrologic cycle?

Issues: non-point source pollution  The tragedy of the commons!  Externalizing costs  The 1977 “Clean Water Act” provided federal guidelines and control over point source pollution.  Non-Point source pollution... Who is responsible? How can it be controlled?  Agricultural land use... The sacred institution of ‘the family farm’

Ground Water…  According to the USGS, in % of water used in the United States  69.8 Billion gallons /day came from ground- water sources  68 percent, was used for irrigation  19 percent was used for public water supplies  99% of ‘self supplied’ water sources were ground water (a well)

Ground Water Withdrawals by State, 2000

Groundwater ‘mining’...  In some areas, notably the Ogallala Basin in the central great plains groundwater withdrawal has exceeded recharge of the aquifer.  Wells are constantly drilled deeper, bigger pumps installed... The end of a region?

Water Wars…  “… as we see, the actual history of armed water conflict is somewhat less dramatic than the water wars literature would lead one to believe…. As near as we can find, there has never been a single war fought over water” Aaron Wolf, Oregon State University

Water wars?  No conflict has yet been fought over water.  Water law is one of the few places where negotiation appears to have worked   Transboundary Freshwater Dispute Database

The Golan Heights...source region for the Jordan River Even here, water has not been the source of conflict

Cost of water?  Abundant water is available virtually everywhere on the planet…  Cheap water is available in only a limited number of places  Water will run uphill to $  The Los Angles Basin sits next to/on the largest body of water on the planet! But ocean water is salty…the technology to remove salt is simple and available… however it is expensive. It is cheaper to acquire water from other regions and ship it.

Cost of water…  If the cost of water is not reflected in its allocation then inefficiency is bound to occur.  Irrigation rights… no additional cost for the last water used…. There is no incentive to conserve.  Subsidized water… some estimates place the subsidy as high as 90% for American agriculture (the farmer pays just 10% of the cost of the water)… incentives to conserve are limited

Inter basin transfers  The Owens valley project  North American Water and Power Alliance [NAWAPA]  Making beneficial use of ‘excess’ or ‘wasted’ water.

Water in the west….  1878, John Wesley Powell published Report on the Lands of the Arid Region  He knew settlement of the western US would be governed by limited water supplies  Powell wanted to organize settlements around water and watersheds, which would force water users to conserve the scarce resource (and protect the watershed because everyone would be impacted)

Bureau of reclamation  Established in 1902  Controls over 600 dams in 17 Western States  20% of Western farmers rely on BuRec water  58 powerplants annually provide more than 40 billion kilowatt hours 