WaterWired

Wednesday Works: 1) Great Lakes Water: Common Pool Resource; 2) Progress: USA Water Availability & Use Assessment

1) Managing Great Lakes Water as a Common Pool Resource

I Tweeted this last week, but after reading the abstract and the first few chapters of Rachel N. Ford's MS thesis from Michigan State University I thought it was worth posting the entire tome. It is titled, Managing Great Lakes Water as a Common Pool Resource: Barriers to and Opportunities for Collective Action among Irrigators in Southwest Michigan. 

Download Ford_Great Lakes_MS

Abstract

In response to the Great Lakes-St. Lawrence River Basin Water Resources Compact, which protects the region against diversions of water outside of the Great Lakes- St. Lawrence River Basin, the State of Michigan has created a water use program to be implemented by the Michigan Department of Environmental Quality (DEQ). The program regulates large-quantity water withdrawals (LQWs) of greater than 100,000 gallons per day to prevent adverse resource impacts (ARIs), defined as reduction of the index flow in streams and subsequent decline of fish populations. The rivers and their corresponding watersheds in the state were segmented into over 5,000 catchment areas to be used as management units for the identification and mitigation of ARIs. An assessment process consisting of an online screening tool and a site-specific review uses data on aquifer yields, stream index flow, and fish population response to categorize each new or increased LQW according to the risk of ARI. Should an ARI be detected in a catchment, all registered and permitted large-quantity water appropriators potentially will be convened into a water user committee to create a management plan for reducing water use in the area. The dynamics of these negotiations are unknown. This research explores a case study of agricultural irrigators in Southwest Michigan for conditions that influence transaction costs of negotiating and monitoring rules of a water reduction management plan. The identification of these potential barriers and opportunities for collective action results in suggestions for the DEQ to reduce transaction costs and improve the efficacy of the water use program in Michigan. 

2) Progress Toward Establishing a National Assessment of Water Availability and Use

A report to Congress from a bunch of good folks at the USGS.

Download C1384

Thanks to Jan Schoonmaker for sending this my way.

Executive Summary

The Omnibus Public Land Management Act of 2009 (Public Law 111-11) was passed into law on March 30, 2009. Subtitle F, also known as the SECURE Water Act, calls for the establishment of a “national water availability and use assessment program” within the U.S. Geological Survey (USGS). A major driver for this recommendation was that national water availability and use have not been comprehensively assessed since 1978.

This report fulfills a requirement to report to Congress on progress in implementing the national water availability and use assessment program, also referred to as the National Water Census. The SECURE Water Act authorized $20 million for each of fiscal years (FY) 2009 through 2023 for assessment of national water availability and use. The first appropriation for this effort was $4 million in FY 2011, followed by an appropriation of $6 million in FY 2012.

The National Water Census synthesizes and reports information at the regional and national scales, with an emphasis on compiling and reporting the information in a way that is useful to states and others responsible for water management and natural-resource issues. The USGS works with Federal and non-Federal agencies, universities, and other organizations to ensure that the information can be aggregated with other types of water-availability and socioeconomic information, such as data on food and energy production. To maximize the utility of the information, the USGS coordinates the design and development of the effort through the Federal Advisory Committee on Water Information.

A National Water Census is a complex undertaking, particularly because there are major gaps in the information needed to conduct such an assessment. To maximize progress, the USGS engaged stakeholders in a discussion of priorities and leveraged existing studies and program activities to enhance efforts toward the development of a National Water Census.

Enjoy!

“You can’t get to the end unless you start.” -- Craig Maxwell

Earth to EPAresearch Twitter: Remember My G-R-O-U-N-D-W-A-T-E-R!

The EPAresearch Twitter tweeted this on 14 July 2011:

Thirsty? 1/5 of the world's fresh water and 80% of fresh water in N. America comes [sic] from the Great Lakes #LakeSci11 #lakesmonth

The site indicates that this was in turn retweeted by 22 others, so not only did EPAresearch's 10,904 followers receive this misinformation but so did the followers of 22 other Twitters (unless the retweets made corrections, as I did).

Here was my WaterWired Twitter response:

Incorrect - 'liquid fresh surface water'! @EPAresearch Thirsty? 1/5 of world's FW and 80% of N. America's FW are from Great Lakes #LakeSci11

I realize the EPAresearch item was undoubtedly Tweeted by some PR person, but that's no excuse. Neither is the response, "Oh, come on - you know what we meant!" I did, but did others who received this?

Puzzled by my reaction?

The EPAresearch Tweet would be correct if all Earth's freshwater occurred in lakes and streams. That's not true. The largest amount by far of Earth's fresh water occurs as 1) glaciers and ice caps (about 70%); 2) groundwater (about 30%). The rest of Earth's freshwater amounts to rounding error.So EPAresearch not only forgot about groundwater, but also glaciers and icecaps. [Note: I added this paragraph on 17 July 2011 in response to a comment.]

See this graphic from the USGS:

Am I being picky? You bet!

Note added on 19 July 2011: they acknowledged their mistake on 19 July - kudos to them!

"Facts do not cease to exist just because they are ignored." -- Aldous Huxley

UC-Davis Fools with the Bay-Delta

Oh, those UC-Davis Center for Watershed Sciences folks (Jay Lund, Jeff Mount, Peter  Moyle, et al.) have a sense of humor! Here is their April Fools' Day post lampooning some sensitive California water issues.

Don't they realize you d0n't trifle with such serious issues?

Actually, were I not on the Bay-Delta Committee I would have taken a shot at this topic instead of mega-water transfers! But anything I did could not have matched this!

Read the original post to see the pictures.

BDCP parties agree to a peripheral bucket line around Delta

The 44 mile line would require 33,000 employees per shift, spaced 7 feet apart, and would have a capacity of 5 gallons per second.  A DWR spokesman said, “This approach will guarantee full employment for San Joaquin and Sacramento counties and ensure that the diversion doesn’t pick up a single fish.”

Desert pupfish found near Delta export pumps

 Recent fish surveys in Clifton Court Forebay have found populations of endangered desert pupfish.  A spokesman from the Desert Development Authority hailed the finding, saying, “We have always said these fish could be found everywhere.  Now we can de-list the thing and get on with fully utilizing the desert’s vast water resources locked up in senseless environmental regulations.”  A recent UC Davis study of striped bass in Clifton Court Forebay showed they grow twice as fast eating pupfish as they do eating smelt.

Delta smelt restrictions increase San Joaquin Valley employment

 A recent study by a Stockton University economist has found the Delta smelt pumping restrictions have actually increased employment in the San Joaquin Valley.  “It turns out that most of the lawyers and their large staffs involved in these cases live in the Stockton, Fresno, and Bakersfield areas,” said Mitchel Jayfree, adding, “These folks have really stimulated the economy by purchasing larger houses.”

 Water exporters propose to move everyone in the Sacramento Valley to southern California

In an effort to expand habitat for native species and end problematic wastewater discharges into the Delta, two legislators from Southern California have proposed legislation that would require all residents of the Sacramento Valley to move to southern California.  “This would preserve the environment of the Sacramento Valley for native species, and prevent these people from polluting our water,” said a spokesman from the REALLY BIG Water District of Southern California.

Four million-acre feet of wasted water found!

Atlantis Institute researchers recently found this water hiding in the mattresses of farmers.  ”We always knew that farmers were secretly using drip irrigation at night and placing the water saved in warehouses of water beds,” said investigator Perrier Gulper.  “Now, I guess we’ll put the water back in the streams and aquifers,” said an Eastlands Water District spokesman.  The Brown administration is reportedly considering a fee on water beds to help overcome the budget deficit and provide funding for enforcement of the Fish and Game Code.

Mokelumne and Tuolumne Rivers declared independent of state authority

The cities of San Francisco and Oakland have declared that the Tuolumne and Mokelumne rivers exist under their sole authority.  “These rivers are simply too hard to pronounce and so small that they don’t matter for the rest of the state.  We are doing the state a favor by taking them off all the negotiating tables,” said a joint spokesman.  A DWR spokesman agreed that an inability to pronounce these river names had been impeding statewide water discussions and suggested that these cities take over the Cosumnes River as well.

The Nature Conservancy ends State budget crisis by buying California

Resolving the state’s deep budget deficit, The Nature Conservancy today bought the State of California.  Most of the state will be returned to natural habitat, except for California’s Colorado River water rights (to be sold to Las Vegas) and most of southern California (being sold to Arizona and a group of Tijuana businessmen to give Arizona a sea port).  Reno-area casinos are seeking to purchase California’s portion of Lake Tahoe.  The purchase is also made possible by the recent stock market rise and declines in California real estate.

The Nature Conservancy previously had acquired major portions of California for environmental protection.  However, the new “Buy California Back” purchase acquires California’s last remaining natural places, along with the rest of the state.  According to Director of Acquisitions, Sarah Seeno, “Human activities are embedded in all facets of the state’s natural systems.  So, to protect what’s left, we had to buy the whole shebang.  We especially look forward to returning the San Francisco peninsula to sand dunes and restoring Hetch Hetchy Valley.”

Governor Brown, who now plans to retire, observed, ”California has just become ungovernable, and the sale of California ends current and future political deadlocks.”

Jay Lund ousted in UC Davis Watershed Center ‘Regime Shift ’ 

In an early morning coup, Jeff Mount retook the Watershed Center on April 1.  ”Lund was being unreasonably nice to farmers,” Mount said.  Fleeing the onslaught of biologists and geomorphologists, Lund said, “I have decided to leave administration to return to my field research on multi-phase fluid flows in saline environments.”  Two graduate students and a dog were injured as Jay modeled resistance.  John Calvin will now lead the Watershed Center’s modeling group, with a new Land Underwater Next in the Delta – LUND – model. 

You go, guys! Great!

But I thought the LUND model stood for 'Land Underwater in the Next Decade'.

"A biologist, economist, engineer and geologist walked into a bar…Too bad none knew enough to duck." -- Unknown

Noah Hall: Protecting Freshwater Resources in the Era of Global Markets - Lessons From Bottled Water

Noah Hall, who runs the excellent Great Lakes Law blog, recently posted an item, Protecting Freshwater Resources in the Era of Global Water Markets: Lessons Learned from Bottled Water. The post is based on an article of the same name that will be published in the University of Denver Water Law Review. You can download a prepublication copy.

I like the points he makes, especially about how disputes involving bottled water have led to meaningful reforms in our water laws, especially regarding groundwater.

Here are the abstract and conclusion.

Abstract:

Throughout human history, water has defined our sense of place.  American water law reflects the connections between water and local people, communities, and the environment.  Against this backdrop, global water markets have developed to sell and export this increasingly precious resource.  Water markets are recognized in international trade law and take many forms, from tankers of freshwater crossing the Mediterranean to bottles of spring water coming to America from distant pacific islands.  While the scale of water sales and exports is still relatively small, this emerging market represents a new challenge for management of water resources.

This article examines the challenge of protecting freshwater resources in the era of global water markets by looking at the most mature and developed example – bottled water.  Bottled water in America dates back to colonial times, but over the past decade it has become a massive global industry.  As bottled water has grown, so has the backlash against it.  The resulting lawsuits and legislation offer a glimpse of the future of domestic water law in the global water market era.  Bottled water fights provide important lessons for how the law should (and should not) respond to globalization of water use.  By learning from these lessons, we can meet the challenge of global trade in water by developing effective legal protections for our freshwater resources.

Conclusion:

Along with climate change, globalization may be the most significant challenge for state water law in the twenty first century.  The pressures on water resources are no longer limited to local users and property owners, but now include supply for a global water market.  Bottled water is the oldest and most mature water market that transcends state lines.  Bottled water disputes have forced state courts and political leaders to reevaluate old doctrines and water management regulations.  In most cases, bottled water disputes have lead to meaningful and useful legal reforms, especially in the area of groundwater management.  However, in some cases bottled water disputes have exposed problematic flaws in state water law and protectionist knee-jerk reactions by state political leaders that would do nothing to better protect water resources.

Unsatisfied by modest reforms in the courts and legislatures, bottled water opponents have turned their hopes to the public trust doctrine and taxing water bottlers, strategies with significant legal and political weaknesses.  Instead, bottled water opponents and state leaders should take the challenge of bottled water as an opportunity to further reform water management law with an emphasis on resource protection, science-based decision making, and water conservation.  These approaches will help protect water resources from the pressures of globalization while respecting property rights and international trade law rules.

Good stuff!

“O Lord, help me not to despise or oppose what I do not understand.” --William Penn

Got Ballast Water? Michigan Says 'Clean It Or Keep It!"

Shaun McKinnon of The Arizona Republic in the Valley of the Sun posted this item on Waterblogged about Michigan's attempt to regulate ballast water.

A federal appeals court says Michigan is within its rights to regulate ballast from seagoing ships entering the Great Lakes.

So why should we care, more than a thousand mostly dry miles to the southwest?

Two words, folks: quagga mussels.

Actually, we should care about this regardless of where we live. Why?

Two more words, folks: invasive species.

Read more.