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 WorldOur Wonderful Water World

A solar-powered water world!A solar-powered water world!

A water shortage?A water shortage?

With a planet covered in water?With a planet covered in water? With perfect solar powered recycling taking With perfect solar powered recycling taking

place constantly?place constantly? HOW can one claim that water is a resource HOW can one claim that water is a resource

in crisis?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%Ocean water 97.2% Polar Ice 2.15%Polar Ice 2.15% 97.2 + 2.15 = 99.35%97.2 + 2.15 = 99.35%

.65% of global water supply is the amount .65% of global water supply is the amount generally available for human use.generally available for human use.

The problem with water…The problem with water…

uneven distribution… some areas have too uneven distribution… some areas have too much water, others much less than much water, others much less than necessarynecessary

And when it is present, the water is often in And when it is present, the water is often in a condition that makes it unacceptable for a condition that makes it unacceptable for specific uses… e.g. salty or polluted or full specific uses… e.g. salty or polluted or full of sedimentof sediment

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

Water Laws… east vs. westWater Laws… east vs. west

East of the 100East of the 100thth Meridian in the US, water is Meridian in the US, water is generally abundantgenerally abundant

The law governing water allocation in the The law governing water allocation in the East is the same as in Europe… the East is the same as in Europe… the Riparian doctrineRiparian doctrine

West of the 100West of the 100thth Meridian, water is Meridian, water is governed by an entirely different set of governed by an entirely different set of assumptions assumptions Prior Use doctrine or Prior Use doctrine or APPROPRIATION DOCTRINEAPPROPRIATION DOCTRINE

The background…The background…

Spanish water law emphasized the need for fair division of Spanish water law emphasized the need for fair division of the available water.  All water was owned by the king. the available water.  All water was owned by the king. While the water rights of individuals were to be protected, While the water rights of individuals were to be protected, the rights of the community weighed more heavily than the rights of the community weighed more heavily than those of the individual. those of the individual. 

English water law was relatively simple being formed where English water law was relatively simple being formed where water was abundant and conflicts over its use rare.  The water was abundant and conflicts over its use rare.  The navigable waters of England belonged to the Crown and navigable waters of England belonged to the Crown and were available to the public for the purposes of navigation were available to the public for the purposes of navigation and fishing. and fishing. 

Rights to the use of waters were held by those who owned Rights to the use of waters were held by those who owned the banks of the streamsthe banks of the streams

Riparian Doctrine Riparian Doctrine Water flowing in defined watercourses is treated under Water flowing in defined watercourses is treated under

riparian doctrine.riparian doctrine. Rights arise from ownership of real property underlying or Rights arise from ownership of real property underlying or

bordering a stream or river.bordering a stream or river. A riparian right is the right to use water flowing in a stream A riparian right is the right to use water flowing in a stream

on riparian land. No right to divert a specific quantity of on riparian land. No right to divert a specific quantity of water is obtained.water is obtained.

A riparian may use all water necessary for domestic use A riparian may use all water necessary for domestic use (drinking, bathing, cooking, laundry, livestock watering, and (drinking, bathing, cooking, laundry, livestock watering, and other uses essential to the preservation of life and health).other uses essential to the preservation of life and health).

If there is insufficient flow to maintain all domestic and If there is insufficient flow to maintain all domestic and non-domestic uses, domestic uses have priority. non-domestic uses, domestic uses have priority.

Riparian Doctrine contd.Riparian Doctrine contd.

Riparian users are entitled to "reasonable use" Riparian users are entitled to "reasonable use" which may cause some diminution of streamflow which may cause some diminution of streamflow so long as other riparians are not "unreasonably" so long as other riparians are not "unreasonably" harmed. harmed.

The landowner does not own the water itself but The landowner does not own the water itself but rather the right to use it on his riparian land. rather the right to use it on his riparian land.

Based on English ‘Common Law’ adjudicated in Based on English ‘Common Law’ adjudicated in the courtsthe courts

Appropriation (Prior Use) Appropriation (Prior Use) DoctrineDoctrine

First in time of use is first in right (i.e., First in time of use is first in right (i.e., the earliest appropriator on a stream has the earliest appropriator on a stream has the first right to use the water), andthe first right to use the water), and

Application of the water to a beneficial Application of the water to a beneficial use is the basis and measure of the right.use is the basis and measure of the right.

The law in virtually all western states.The law in virtually all western states.

Water in the west…Water in the west…

Eighty percent of the Nation’s water is used in Eighty percent of the Nation’s water is used in the West—most of it for agriculturethe West—most of it for agriculture

Water left in the stream is considered ‘wasted’Water left in the stream is considered ‘wasted’ Water rights exist as a legal entity independent Water rights exist as a legal entity independent

of the land.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’Defining ‘beneficial’

Beneficial use has two components: the Beneficial use has two components: the nature or purpose of the use and the nature or purpose of the use and the efficient or non-wasteful use of water. efficient or non-wasteful use of water.

Keeping water in the stream is Keeping water in the stream is considered ‘wasteful’considered ‘wasteful’

The issue of anadromous fish!The issue of anadromous fish!

Water and WildlifeWater and Wildlife

The special case of Salmon in the Pacific The special case of Salmon in the Pacific NorthwestNorthwest

In the Columbia River basin, development In the Columbia River basin, development was modeled on the Tennessee River was modeled on the Tennessee River systemsystem

The entire river system is controlled by a The entire river system is controlled by a series of dams that provide hydroelectric series of dams that provide hydroelectric power, make the river navigable and provide power, make the river navigable and provide ‘recreation’ opportunities ‘recreation’ opportunities

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

““IN Stream flow”IN Stream flow”

There is a benefit to fish (esp. temperature There is a benefit to fish (esp. temperature sensitive fish species like salmon and trout) sensitive fish species like salmon and trout) of keeping water in the streamof keeping water in the stream

This benefit can be expressed in economic This benefit can be expressed in economic termsterms

Some of the most successful programs Some of the most successful programs transfer $ from advocacy groups to ranchers transfer $ from advocacy groups to ranchers to purchase forage crops for their cattle… to purchase forage crops for their cattle… forgoing using their water rights to irrigate forgoing using their water rights to irrigate pastures/hay fields.pastures/hay fields.

Water...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.

IrrigationIrrigation81% 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 pollutionIssues: non-point source pollution

The tragedy of the commons!The tragedy of the commons! Externalizing costsExternalizing costs The 1977 “Clean Water Act” provided The 1977 “Clean Water Act” provided

federal guidelines and control over point federal guidelines and control over point source pollution.source pollution.

Non-Point source pollution... Who is Non-Point source pollution... Who is responsible? How can it be controlled?responsible? How can it be controlled?

Agricultural land use... The sacred institution Agricultural land use... The sacred institution of ‘the family farm’of ‘the family farm’

Ground Water…Ground Water…

According to the USGS, in 2000 21% of According to the USGS, in 2000 21% of water used in the United States water used in the United States

69.8 Billion gallons /day came from ground-69.8 Billion gallons /day came from ground-water sources water sources

68 percent, was used for irrigation68 percent, was used for irrigation 19 percent was used for public water 19 percent was used for public water

suppliessupplies 99% of ‘self supplied’ water sources were 99% of ‘self supplied’ water sources were

ground water (a well) ground water (a well)

Ground Water Withdrawals by State, 2000

http://ga.water.usgs.gov/edu/wugw.html

Groundwater ‘mining’...Groundwater ‘mining’...

In some areas, notably the Ogallala Basin in In some areas, notably the Ogallala Basin in the central great plains groundwater the central great plains groundwater withdrawal has exceeded recharge of the withdrawal has exceeded recharge of the aquifer.aquifer.

Wells are constantly drilled deeper, bigger Wells are constantly drilled deeper, bigger pumps installed... The end of a region?pumps installed... The end of a region?

Water Wars…Water Wars…

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

Aaron Wolf, Oregon State UniversityAaron Wolf, Oregon State University

Water wars?Water wars?

No conflict has yet been fought over water.No conflict has yet been fought over water. Water law is one of the few places where Water law is one of the few places where

negotiation appears to have workednegotiation appears to have worked http://www.transboundarywaters.orst.edu/ Transboundary Freshwater Dispute Transboundary Freshwater Dispute

DatabaseDatabase

The Golan Heights...source region for the Jordan River

Even here, water has not been the source of conflict

Cost of water?Cost of water?

Abundant water is available virtually everywhere Abundant water is available virtually everywhere on the planet… on the planet…

Cheap water is available in only a limited number Cheap water is available in only a limited number of placesof places

Water will run uphill to $Water will run uphill to $ The Los Angles Basin sits next to/on the largest The Los Angles Basin sits next to/on the largest

body of water on the planet! But ocean water is body of water on the planet! But ocean water is salty…the technology to remove salt is simple and salty…the technology to remove salt is simple and available… however it is expensive. It is cheaper available… however it is expensive. It is cheaper to acquire water from other regions and ship it.to acquire water from other regions and ship it.

Cost of water…Cost of water…

If the cost of water is not reflected in its allocation If the cost of water is not reflected in its allocation then inefficiency is bound to occur.then inefficiency is bound to occur.

Irrigation rights… no additional cost for the last Irrigation rights… no additional cost for the last water used…. There is no incentive to conserve.water used…. There is no incentive to conserve.

Subsidized water… some estimates place the Subsidized water… some estimates place the subsidy as high as 90% for American agriculture subsidy as high as 90% for American agriculture (the farmer pays just 10% of the cost of the water)(the farmer pays just 10% of the cost of the water)… incentives to conserve are limited… incentives to conserve are limited

Inter basin transfersInter basin transfers

The Owens valley projectThe Owens valley project North American Water and Power Alliance North American Water and Power Alliance

[NAWAPA] [NAWAPA] Making beneficial use of ‘excess’ or ‘wasted’ Making beneficial use of ‘excess’ or ‘wasted’

water.water.

Water in the west….Water in the west….

1878, John Wesley Powell published 1878, John Wesley Powell published Report on the Lands of the Arid RegionReport on the Lands of the Arid Region

He knew settlement of the western US He knew settlement of the western US would be governed by limited water supplieswould be governed by limited water supplies

Powell wanted to organize settlements Powell wanted to organize settlements around water and watersheds, which would around water and watersheds, which would force water users to conserve the scarce force water users to conserve the scarce resource (and protect the watershed resource (and protect the watershed because everyone would be impacted)because everyone would be impacted)

Bureau of reclamation Bureau of reclamation

Established in 1902Established in 1902 Controls over 600 dams in 17 Western Controls over 600 dams in 17 Western

StatesStates 20% of Western farmers rely on BuRec 20% of Western farmers rely on BuRec

waterwater 58 powerplants annually provide more than 58 powerplants annually provide more than

40 billion kilowatt hours 40 billion kilowatt hours http://www.usbr.gov/main/about/