Topicality Structure

On 1NCs in the FileThe topicality generic has created some example 1NCs. It is unlikely that those 1NCs will be optimal in any debate. We recommend that you use the following format to create your own 1NCs for topicality.

1NC Template 1---Interpretation---Read a piece of evidence that defines a term in the resolution. You must read evidence.

2---Violation---Explain why the affirmative’s plan does not meet the interpretation above; this could include evidence but does not have to include evidence.

3---Prefer our interpretation--- Read & explain one or more of the following standards

---Predictability---[Explain why your interpretations is the most predictable in the literature]

---Limits---[Explain why other interpretations would allow more affirmative cases]

---Ground---[Explain why affirmative cases under their interpretation do not link to the core generics and avoid clash]

2AC Template 1---We meet---Explain why the affirmative’s plan falls within the negative’s interpretation; this could include evidence but does not have to include evidence.

2---Counter-interpretation---Read a piece of evidence that defines the same term in the resolution that the negative read. You must read evidence.

3---Prefer our interpretation--- Read & explain one or more of the following standards

---Predictability---[Explain why your interpretations is the most predictable in the literature]

---Limits---[Explain why your interpretations would allow the right number affirmative cases]

---Ground---[Explain why affirmative cases under your interpretation don’t avoid clash]

4---Defense to their standards--- Make defensive arguments against the “advantages” to the other teams interpretation

---It is predictability---[Explain why your interpretations could be expected]

---Functional limits---[Explain why there are constraints on affirmative writing outside of topicality, for example, answering core counterplans or disadvantages. Examples include: states answers/fed key warrant, answers to core critiques, inherency, outweigh the politics, solvency card]

---Other words in the resolution check---[Explain why other portions of the topic stop aff explosion]

---No ground loss---[Explain why there is a basis for negative strategy under your interpretation]

AND/OR offense to their standards--- Make offensive arguments against the “advantages” to the other teams interpretation

---Overlimits---[Explain why there are too few affirmatives under their interpretation]

---Affirmative innovation---[Explain why their interpretation would prevent new affirmatives or new research which is important]

---Affirmative ground---[Explain why there is a basis for affirmative strategy under your interpretation]

5---Reasonability---[Explain why the affirmative should not need offense to win a topicality debate]

Protection

Primary Purpose

Primary Purpose Example---1NCProtection requires the primary purpose to be stopping water degradation---the aff is only related to water. Vandille 12 (Guy Vandille, earned his doctorate in economic sciences at the KU Leuven and has worked in the field of environmental economic accounts for the Federal Planning Bureau, “Integration of the environment in national accounting”, https://www.cairn.info/revue-reflets-et-perspectives-de-la-vie-economique-2012-4-page-47.htm?contenu=article)//KP

Environmental protection activity is defined as any activity whose primary purpose is the prevention, reduction or elimination of pollution and other forms of environmental degradation . Resource management activities are defined as those activities whose primary purpose is preserving and maintaining the stock of natural resources and hence safeguarding against depletion. Other activities exist that are related to the environment , like natural resource use activities, activities aiming at the minimization of the impact of natural hazards, and activities aiming at avoiding or restoring the impact of a polluted environment on people and produced assets. These activities are not considered environmental activities in the sense of the functional accounts of the SEEA Central Framework, except if their prime purpose is environmental protection or resource management. This could be the case for some activities concerning the minimization of the impact of natural hazards. One objective of such activities may be the protection of wildlife or forests.

Violation---[explain how the aff has a different primary purpose]**Maybe find evidence that the aff has another primary purpose?

Prefer our interpretation--- - Predictable limits---there are infinite actions that are

related to the environment---only limiting it to water as the primary focus can maintain a limited topic.

- Ground---all advantages and disads assume the aff is only about the environment---allowing relationship generates new sector advantages and moots water agency disads.

- Extra-Topical---the aff does [X] in addition to protecting water resources---creates unpredictable advantages.

Prevention

Prevention Example---1NCWater protection is the prevention of contamination---the plan is management.Patrick, 18 (Robert J. Patrick, 7-1-2018, accessed on 7-13-2021, International Indigenous policy Journal, "Adapting to Climate Change Through Source Water Protection: Case Studies from Alberta and Saskatchewan, Canada", https://www.researchgate.net/publication/326948972_Adapting_to_Climate_Change_Through_Source_Water_Protection_Case_Studies_from_Alberta_and_Saskatchewan_Canada, LASA-CSK)

The principle of source water protection is prevention of contamination at the source of a drinking water supply, either groundwater or surface water. Source water protection is operationalized through a planning process that first identifies land use activities, human practices, and natural processes that pose some level of risk to a drinking water source. Next , specific management actions are assigned to each identified risk with the intent of reducing, or eliminating , each risk . Implementation of the management actions and periodic review of the full source water protection plan complete the plan-making process. This article undertakes an assessment of management actions to determine the utility of source water protection planning as a form of community adaptation to climate change. Data for this article has emerged from a cross-sectional analysis of six recently completed First Nations source water protection plans in the Canadian Prairie region. The case study communities are all located in Alberta and Saskatchewan across Treaty 4, 5, 6, and 7 territories (see Figure 1). The names of the individual communities will not be identified in this article for privacy reasons

Violation---the affirmative is an improvement to water. Kenig-Witkowska 17 (Maria Kenig-Witkowska, Proffessor of Law at the University of Warsaw, "NATURA 2000 - The European Union Mechanism for Nature Conservation. Some Legal Issues.”, Journal of Comparative Urban Law and Policy, Vol 2, Issue 1, Article 10, pg 10, https://readingroom.law.gsu.edu/cgi/viewcontent.cgi?article=1027&context=jculp)//KP

As it seems, and not without the reason, the objective “preservation, protection and improvement of environment” was formulated in just in a way as it was done in Article 191 TfUE, leaving open the possibility of making its elements more precise in the process of implementation of the EU environmental policy. The objective of the protection of environment covers both refraining from activities harmful to the environment as well as activities aiming at ensuring the environment will not suffer from degradation. This formula has a broader meaning than the term preservation of environment that generally refers solely to natural environment. From that point of view, introducing to the text of Article 191 (1) of TfEU of term “preservation” was absolutely necessary, because the term “environment” as understood in the EU legal acts refers not only to natural environment but also to the environment as a product of man. Because the term “ protection of the environment” does not necessary contain itself an element of improvement , therefore the element of the improvement of environment was introduced in the first objective, provided in Article 192 (1) of TfUE. Defined in such a way the objective of preservation, protection and improvement of the environment is, as a matter of fact, the record of modern concept of understanding of the protection of environment as a comprehensive process dealing with planning and management of the environment, regulated by norms of material and procedural norms in this field.

Prefer our interpretation--- - Predictable limits---there are infinite ways to better

allocate or improve the water---there are only a finite number of pollutants you can remove.

- Ground---industry based DAs require imposing costs on industries---clean-up avoids our offense.

XT---Prevention---ContextualEnvironmental protection is preventativeJPEB [Journal of Petroleum and Environmental Biotechnology; "Environmental Protection"; https://www.longdom.org/peer-reviewed-journals/environmental-protection-2348.html]

Environmental protection can be defined as the prevention of unwanted changes to ecosystems

and their constituent parts. This includes the protection of ecosystems and their constituent parts from changes

associated with human activities; and the prevention of unwanted natural changes to ecosystems and their constituent parts. One issue associated with this definition is whether “ecosystems and their constituent parts” include humans and communities, or whether environmental protection is only concerned with the protection of natural capital. From an ecological perspective, humans are regarded as an integral part of the ecosystem. Separating humanity from the natural environment can

therefore be seen as artificial. While this is true, the phrase environmental protection is not used to refer to measures that are designed to regulate or mediate direct interaction between people . For example, laws prohibiting assault are not regarded as environmental protection measures.

Environmental protection is concerned with the relationship between people and the natural environment rather than the relationships between people and communities.

Protection means preventing degradation of the resourceEl-Mallah 19(Rasha Kamal El-Deen El-Mallah, Financial and Administrative Affairs and General Authority For Literacy and Adult Education, “The role of social responsibility in protecting the environment – a case of the petrochemical companies in Alexandria Governorate”, Cairo University Review of Economics and Political Science, 8/14/19, https://www.emerald.com/insight/content/doi/10.1108/REPS-04-2019-0052/full/html)//KP

And environmental degradation can define as “effect on the environment that reduces its value, or changes its nature, depletes its resources or harms living organisms or monuments”. While environmental protection is defined as:

“[…] protecting and promoting the components of the environment and preventing or reducing their degradation or pollution, these components encompass air, seas, internal waters, including the river Nile, lakes and subterranean water, land, natural protectorates, and other natural resources.”

XT---Prevention---Dictionary Protect means to cover from damage or destructionMerriam Webster, No Date(Merriam Webster, “protect”, https://www.merriam-webster.com/dictionary/protect, No specific date included)//KP

Definition of protecttransitive verb

1a: to cover or shield from exposure, injury, damage, or destruction : GUARD

XT---Includes Avoid Contamination/OveruseWater protection means protecting from contamination and overuseBruni and Spuhler ‘19 [Marco Bruni and Dorothee Spuhler; 6/13/2020; Seecon International GMBH; "Water Source Protection"; Sustainable Sanitation and

Water Management Toolbox; https://sswm.info/arctic-wash/module-4-technology/further-resources-water-sources/water-source-protection]

The source of drinking water can be either surface water based (lakes, rivers and streams) or groundwater based (aquifers). Water is always found in combination with compounds such as minerals or chemicals of one kind or another, that can be present naturally or as a result of human activity. In both cases, there could be presence of some contaminants (metals, radioactive compounds, microorganisms, among others) that have the potential to be hazardous to humans. The Water Source Protection means protecting from contamination and overuse (at the source), both water quality and quantity we drink and use, thus reducing risks to public health from exposures to contaminated water (EPA n.y; SDWF 2017).

XT---Includes Avoid Pollution The aff must avoid pollution. Bruni and Spuhler ‘19 [Marco Bruni and Dorothee Spuhler; 6/13/2020; Spuhler is a graduate of environmental engineering (Dipl. Ing. Env. EPFL) with a focus on water systems; "Water Source Protection"; Sustainable Sanitation and

Water Management Toolbox; https://sswm.info/arctic-wash/module-4-technology/further-resources-water-sources/water-source-protection]

Water source protection involves the protection of surface water sources (e.g. lakes, rivers, man made reservoirs) and groundwater sources (e.g. spring protection, dug well protection, and drilled well protection) to avoid water pollution (see also pathogens and contaminants).

XT---Includes Avoid Contamination Water Protection means preventing contaminationIDNR, No Date(Iowa Department of Natural Resources, “Iowa Source Water Protection Program”, no specific date included, https://www.iowadnr.gov/Environmental-Protection/Water-Quality/Source-Water-Protection)//KP

The term "Source Water" is used to define drinking water in its original environment, either as surface water (rivers, streams, reservoirs, lakes) or as groundwater (aquifers), before being withdrawn, treated, and distributed by a water system. Source Water Protection (SWP)   is the act of preventing contaminants from entering public drinking water sources.

XT---Excludes Attempts Protection means to shield from loss beyond de minimis impacts. That excludes intent to protect, merely reducing harm, or resulting in protection.Melissa M. Ryan 10, Oregon Land Use Board of Appeals Member, 4-12-2010, "Columbia Riverkeeper v. Clatsop County," Oregon Land Use Board Case Number 2009-100, https://www.oregon.gov/luba/Docs/Opinions/2010/04-10/09100.pdf, Accessed 7-15-2021, LRIn Bradwood I, we remanded the decision to the county in part because we agreed with petitioners that the county erred in using a dictionary definition of the word “protect” in determining whether the proposed zone change to AD was consistent with CCCP Policy 20.2(1) and Policy 20.8. We held that LWDUO 5.412(1) required that the county apply the definition of “protect” found in the Statewide Planning Goals. “Protect” is defined in the Goals as “save or shield from loss , destruction, or injury or for future intended use.” We suggested that the county’s view of “protect” as being satisfied by attempts to protect, an intent to protect, or measures that merely reduce harm to the resources was not consistent with the Goal definition:

“* * * [T]he county proceeded to the fourth source of definitions listed LWDUO 1.035, a legal dictionary, and chose a different definition of ‘protect’ that introduces an element of intent. Under the county’s interpretation, as long as intervenors ‘attempt’ to preserve a resource it has ‘protected’ that resource. It is not entirely clear what the county means by ‘attempt,’ but the county apparently understands it to mean using measures that are intended to ‘minimize’ impacts, even if those measures fail to shield the resource from loss and significant adverse impacts on the resource still occur. That view may be consistent with the law dictionary definition the county relies upon, but it is not at all clear to us that it is consistent with the statewide planning goal definition.” Id. at 219.

A. Meaning of “Protect”

The county interpreted the meaning of “protect” as defined in the Goals as: “‘Protect’ as defined by LCDC and as used by the County and acknowledged by LCDC in the County planning documents does not require that absolutely no disturbance occurs. Protection is provided by avoiding those areas to the extent possible and making development sensitive to the environment where it does in fact occur, so that estuarine and coastal shoreline values are maintained.” Record 25.

As noted in Bradwood I, CCCP Policy 20.2(1) and Policy 20.8 implement Goal 16, and it is reasonable to conclude that the word “protect” in those CCCP policies is used in the same way as the word “protect” is used in Statewide Planning Goal 16 (Estuarine Resources). The county’s interpretation of the word “protect” as defined in the Goals is an interpretation of state law and, as such, is not entitled to any particular deference on appeal. Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992). The county’s interpretation of the meaning of “protect” appears to conclude that protection of specific resources can be accomplished through use of some measures that either reduce harm to general estuarine values or attempt to reduce harm to the specified resources.6 However, we do not see much of a distinction between the county’s interpretation of “protect” as defined in the dictionary, which in Bradwood I we found improperly imported the concepts of “attempts” to protect or an “intent” to protect into the definition, and the county’s interpretation of the Goal definition of “protect” in the present appeal as satisfied through measures that merely reduce harm.

*Start Footnote 6*

6 The county’s generalized findings regarding the meaning of “protect” contain various examples of these types of measures. For example, the county concluded that intervenors have designed the dredge footprint to “maximize efficient use of the current basin, minimize the amount of dredging and reduce impacts to fisheries, thereby reducing the area impacted and protecting the habitat as a whole.” Record 25 (emphases added).

*End Footnote 6*

The definition of “protect” contains stringent language: “save or shield from loss, destruction, or injury * * *.” “Save” has many definitions, including “1:f: to preserve or guard from injury, destruction or loss.” Webster’s Third New International Dictionary 2019 (1981). “Shield” is defined as “to protect with or as if with a shield.” Id. at 2094.

Context for interpreting the goal definition of “protect” is provided by considering its use within the text of Goal 16. The goal itself provides that its purpose is:

“To recognize and protect the unique environmental, economic, and social values of each estuary and associated wetlands; and

“To protect, maintain, where appropriate develop, and where appropriate restore the long-term environmental, economic, and social values, diversity and benefits of Oregon’s estuaries.” (Emphases added.)

Goal 16 requires protection of the environmental, economic, and social values, diversity and benefits of estuaries, and allows estuarine development and restoration only “where appropriate.” The goal sets out a hierarchy of priorities for management and use of estuarine resources, placing in first priority “[u]ses which maintain the integrity of the estuarine ecosystem.” Within the remaining text of Goal 16, the word “protect” appears almost exclusively in the Goal text describing the “natural management unit” designation. That designation is the most protective classification of Goal 16 resources, and includes “areas* * * designated to assure the protection of significant fish and wildlife habitats * * *.” The natural management unit allows uses and activities that allow the resources of the estuary to “continue to function in a manner to protect significant wildlife habitats, natural biological productivity, and values for scientific research and education.” Thus, the most protective classification in Goal 16, the natural management unit designation, allows only activities that are sufficient to protect the identified resources.

The Goal language describing the other designations also provides context for the meaning of “protect.” The description of the “conservation management unit,” which is the current management designation of the subject property, does not include the word “protect.”7 The description of the “development management unit,” the proposed designation of the property, also does not use the word “protect.” Taken together, the uses of the word “protect” within Goal 16 itself indicate that the definition is not equivocal in requiring that identified resources are “saved” or “shielded” from more than de minimis damaging impacts.

Although we agree with the county that the Goal definition of “protect” does not require that estuarine resources identified for protection be completely or absolutely protected from any “loss, destruction, or injury” whatsoever, the county has made a planning decision under the CCCP policies at issue that implement Goal 16 and the scheme set forth in the second paragraph of Goal 16, quoted above, to “protect” as opposed to a decision to “maintain,” “develop,” or “restore” traditional fishing areas and endangered or threatened species habitat. Having made that “protect” planning decision, the local program to protect those estuarine resources must not allow “loss, destruction, or injury” beyond a de minimis level. Thus, the development that is to be allowed by the disputed rezone is not consistent with the Goal definition of “protect” unless the measures proposed in seeking to rezone the property are sufficient to reduce harm to such a degree that there is at most a de minimis or insignificant impact on the resources that those policies require to be protected.

B. Measures that Reduce Harm (“Shielding Mechanisms”)

The county also concluded that because the provisions of the CCCP, LWDUO, and other development regulations found in the “County Standards Document” have been acknowledged as being in compliance with Goal 16, the use of the word “protect” in those documents and the measures that are specified in connection with actions taken in the estuary are consistent with the Goal definition of protect. Based on that conclusion, the county reviewed what it describes as “shielding mechanisms” in those regulations and concluded that:

“[T]he LCDC definition of protect is met by compliance with acknowledged county zoning and standard regulations stating that implementation of particular measures accomplishes protection and by construction of the development and imposition of conditions that will either save or shield the protected resource from the potential harm identified in [Policy 20.2(1) and 20.8.]” Record 24.

The county appears to perceive a distinction between the word “save” and the word “shield” as used in the definition of “protect,” and to take the position that “shielding” a resource from loss, destruction, or injury

requires protection to a lesser extent than “saving” that resource from the same effects. However, the definition of “shield” is synonymous with “protect” and therefore does not support the county in reading the word “shield” to allow measures that do less than protect the resource.

We also do not think the county’s reliance on CCCP, LWDUO and other county land use and development regulations and standards that use the word “protect” or incorporate what the county terms “shielding mechanisms” has much bearing on the meaning of “protect” as defined in the Goals. Many of those regulations include the word “protect,” but describe measures that allow attempts to protect, an intent to protect , mitigation of harm, or other measures that merely reduce harm to the resource . For example, the county’s Dredging and Dredged Material Disposal development standards provide that “[w]hen dredging is permitted, the dredging shall be the minimum necessary to accomplish the proposed use.” Intervenors-Respondents’ Joint Response Brief App 2 page 8 (emphasis added.) That policy also provides that the timing of dredging shall be coordinated to “* * * minimize interference with commercial and recreational fishing * * *” and that “[a]dverse short term effects of dredging and aquatic area disposal such as increased turbidity, release of organic and inorganic materials or toxic substances, depletion of dissolved oxygen, disruption of the food chain, loss of benthic productivity, and disturbance of fish runs and important localized biological communities shall be minimized.” Id. To the extent those measures allow greater than de minimis impacts to the traditional fishing areas protected by CCCP Policy 20.2(1) and the endangered or threatened species habitat that must be protected from incompatible development under CCCP Policy 20.8, those measures do not “protect” the resources, within the meaning of that word in those policies and Goal 16.

XT---Excludes AllocationProtection is distinct from allocationPottinger '15 [Lori Pottinger; 12-1-2015; ; "Improving Water Allocation During Droughts"; Public Policy Institute of California; https://www.ppic.org/blog/improving-water-allocation-during-droughts/]

Second, although we have legal protections for the environment, we don’t have a clear process for allocating water to critical environmental needs during droughts. We recommend that the water board define the amount of water required to protect fish, wildlife, and water quality within each watershed. This environmental water, along with water needed to protect public health and safety, would have top priority.

XT---Excludes Conservation Protection of water is distinct from conservation---protection means to command a cessation of useMatanich 96 (Johanna Matanich, International legal perspectives, “A treaty comes of age for the ancient ones: implications of the Law of the Sea for the regulation of whaling,” page 37, Accessed 7-13-21, NB)

The Vienna Convention on the Law of Treaties establishes rules for the interpretation of treaties. UNCLOS is to be interpreted "in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of [their] object and purpose." What then, does the term "conservation" mean? Generally, there is little difference between the use of the terms "conservation" and "preservation." In the context of environmental protection, however, conservation connotes a conservative use of a resource , but a use nonetheless, while the term "protection" is used to command a cessation of use. Indeed, the term "conservation" is used in UNCLOS article 64 to characterize the regulation of active fisheries. Because conservation is associated with use in that article, it is logical to assume the UNCLOS drafters associated the term conservation with "use" in Article 65. The word "protection" was used in an early draft of the article, then deleted , [*60] which provides further support for this conclusion.

XT---Excludes Treatment Protection means preventing contamination---that excludes treatment.EPA 20, Environmental Protection Agency, 2-24-2020, "Basic Information about Source Water Protection," https://www.epa.gov/sourcewaterprotection/basic-information-about-source-water-protection, Accessed 7-13-2021, LR

Protecting source water can reduce risks by preventing exposures to contaminated water. Drinking water utilities that meet the definition of a public water system are responsible for meeting the requirements of EPA and state drinking water programs under the Safe Drinking Water Act (SDWA). Protecting source water from contamination helps reduce treatment costs and may avoid or defer the need for complex treatment.

Protection and treatment are distinct options.GWPC 17, Ground Water Protection Council, nonprofit 501(c)6 organization whose members consist of state groundwater regulatory agencies that come together within the GWPC organization to mutually work toward the protection of the nation’s groundwater supplies, February, "Ground Water & Source Water Protection," https://www.gwpc.org/sites/gwpc/uploads/documents/Topics/Source_Water_Protection/Source_Water_Protection_Full_Chapter.pdf, Accessed 7-13-2021, LR

All drinking water sources, both public and private, are vulnerable to contamination from an array of human activities such as septic system discharges, waste-site releases, underground storage system leaks, nonpoint-source pollution, and agricultural chemicals. Without diligent attention to managing these potential sources of contamination, our drinking water will come at a higher cost over time. This cost includes the increasing need for water treatment , monitoring, remediation, finding alternate water supplies, providing bottled water, consultants, staff time, and litigation. Source water protection is simpler , less expensive, and more reliable over the long term.

Prevention Costs a Whole Lot Less

If an aquifer that supplies drinking water to a community becomes contaminated, the cost of restoring clean drinking water to that community skyrockets far beyond what it costs to treat water. Research is needed to quantify the costs and benefits of source water protection so that cost/benefit analysis tools can be developed to help communities and stakeholders quantitatively assess the potential merit of source water protection. Some rough estimates were collected from USEPA Region 10. (See Table 1.)

Burlington, North Carolina, is a good example of how a community can save money by going the source water protection route. When the herbicide atrazine was found in the water supply, Burlington worked to eliminate the pollutant rather than pay to treat an ongoing contamination problem. Using water quality monitoring and guidance from the Water Resources Research Institute (WRRI), the city was able to trace the atrazine to agricultural operations in parts of the water supply watershed. With the help of Cooperative Extension Service agents, farmers came to understand that the water treatment plant did not remove atrazine and, with subsidies from the city, they transitioned to other pesticides and practices.

This approach resulted in a total cost to Burlington of $30,000 (for lab analyses and subsidies to farmers). Contrast that one-time expense with an estimated cost of $108,000 per year to treat contaminated

ground water with activated carbon. By implementing source protection, Burlington not only has clean drinking water again, it has eliminated the source of the problem. (North Carolina Division of Water Quality, 2002)

Treatment is separate.KEEC 19, Kentucky Energy and Environment Cabinet, 6-5-2019, Oldest Wayback Machine Snapshot, "Source Water Protection," https://eec.ky.gov/Environmental-Protection/Water/Protection/Pages/SWP.aspx, Accessed 7-13-2021, LR

Source water protection is a common-sense approach to guarding public health by protecting drinking water supplies. Ensuring safe and adequate drinking water supplies requires maintaining the quality and availability of present and future water supply sources. In the long run it is less expensive and more protective of public health to prevent contamination than to treat water to meet health standards. Similarly, it is less expensive to protect and maintain existing sources than it is to develop new ones. New contaminants of concern continue to emerge, potentially requiring more costly treatment of source waters if they have not been adequately protected. Effective protection relies on the combined efforts of the federal and state agencies, water suppliers, municipalities, businesses, institutions and communities whose activities have the potential to affect the source.

The goal of protection is to avoid treatment.CTCN, Climate Technology Centre & Network, promotes the accelerated transfer of environmentally sound technologies for low carbon and climate resilient development at the request of developing countries and provides technology solutions, capacity building and advice on policy, legal and regulatory frameworks tailored to the needs of individual countries, "Source water protection," https://www.ctc-n.org/technologies/source-water-protection, Accessed 7-13-2021, LR

Socioeconomic Benefits

- Provides a sustainable supply of clean water and reduces or avoids water treatment costs.

- Plays a significant role (upstream forests and wetlands) in sediment regulation - an important factor for

optimal operation of hydropower production facilities.

- Provides recreational opportunities and livelihood income opportunities (tourism).

XT---Excludes Management Protection is distinct and more narrow than management – but the plan is an adjustment, not either Ninth Circuit Court of Appeals '2 [United States Court Of Appeals For The Ninth Circuit; 8/5/2002; ; "Wilderness Society v. U.S. Fish and Wildlife Service"; Animal Law; https://www.animallaw.info/case/wilderness-society-v-us-fish-and-wildlife-service]What is truly extraordinary here is that, despite the majority's purported inability to understand what terms like "wilderness," "natural," and

"permanent" mean, the majority nonetheless maintains such a firm grasp on the meaning of the word "manage" as to read into it an entire swath of regulatory activity flatly incompatible with

the statute. The majority sets up a straw man of "strict nonintervention"--an approach to wilderness management and protection that no one in this case has advanced--and claims that the term "natural" must be ambiguous because it could encompass that definition. This argument is specious.

The majority itself admits that the term "management" "suggests affirmative steps taken to maintain wilderness character." The definition from Webster's Third, quoted by the majority,

specifies that management may entail adjustment of ecological factors "to best meet the needs and ensure the

survival of (a wild animal)." This is precisely the problem with the majority's position: In no respect does the introduction of

millions of hatchery-raised salmon fry into a wilderness environment affirmatively maintain the wilderness character of Bear Creek. Nor does the fishery program do anything to best meet the needs or ensure the survival of a "wild" animal: Again, it involves introducing millions of hatchery-raised fry, at considerable ecological risk to Bear Creek and to its wild salmon population.

No one is suggesting that the presence of the temporary camp and weir at Bear Creek present a problem per se. If they had been established as part of a measure taken to restore or preserve the natural conditions of the Kenai Refuge (e.g., to restore a natural salmon run, or for ecological research

purposes), they would be fine. Rather, the problem lies in the fishery project's annual, ongoing alteration of the natural ecological balance in Kenai by removing eggs and reintroducing large numbers of hatchery-raised fry to Bear Creek. In no sense does this constitute "management," much less "protection," of a wilderness area within the meaning of the Wilderness Act.

Protection requires a hands-off approach – distinct from management and allocationNinth Circuit Court of Appeals '2 [United States Court Of Appeals For The Ninth Circuit; 8/5/2002; ; "Wilderness Society v. U.S. Fish and Wildlife Service"; Animal Law; https://www.animallaw.info/case/wilderness-society-v-us-fish-and-wildlife-service]Indeed, the definition's use of the phrase "protected and managed" highlights this ambiguity. "Management" suggests affirmative steps taken to maintain wilderness character, while " protection " suggests a more hands-off approach. Compare Webster's Third New Int'l Dictionary 1372 (unabridged ed. 1993) (defining "manage" as "to adjust the ecological factors to best meet the needs and ensure the survival of (a wild animal) usu. by controlling predators and hunting and by providing shelter or supplementary food supplies"), with id. at 1822 (defining "protect" as "to cover or shield from that which would injure, destroy, or detrimentally affect"). If "natural conditions" may be preserved only through a program of strict nonintervention, what is the purpose of the word "managed" in the definition? See City of Los Angeles v. United States Dep't of Commerce, 307 F.3d 859, 870 (9th Cir.2002) (stating that it is " 'a cardinal principle of statutory construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant' " (quoting TRW Inc. v. Andrews, 534 U.S. 19, 122 S.Ct. 441, 448, 151 L.Ed.2d 339 (2001))). If strict nonintervention was Congress' intent, the word "protect" would have sufficed.

Subsets

Example No Subsets---1NCProtection must make all water resources sustainable---they can’t simply apply to one area.Amanda Driver 11, South African National Biodiversity Institute, Jeanne L. Nel, Wageningen University & Research, Kate Snaddon, Freshwater Research Centre, August, "Implementation Manual for Freshwater Ecosystem Priority Areas," Report to the Water Research Commission, https://www.researchgate.net/publication/305494368_Implementation_Manual_for_Freshwater_Ecosystem_Priority_Areas, Accessed 7-12-2021, LR

“Protection” of water resources means managing the resource and associated ecosystem according to a level that ensures sustainable use . This term emphasises the need to balance protection and utilisation in a sustainable and equitable manner through appropriate water resource management. Protection is therefore an inclusive strategy, applicable to all water resources, and does not apply only to formally protected areas .

Violation---there are water resources the aff doesn’t protect.

Prefer our interpretation--- - Predictable limits and ground---forces large affirmatives

that create in depth clash and prep. The alternative is infinite single sector and single river affirmatives.

XT---Protection Means All Protection makes sustainable. Harris et al 11(J.M Harris, Scientific Authority that advises the South African Minister of Environment on biodiversity matters with a PhD in Marine Biology, “National Biodiversity Assessment 2011: An assessment of South Africa’s biodiversity and ecosystems. Synthesis Report.”, 2011)//KPThe term ‘protection’ has different meanings in land use and water resource contexts in South Africa, sometimes causing confusion. In the water resource context , ‘protection’ of water resources means managing the resource and associated ecosystem according to a level that ensures sustainable use . This term emphasises the need to balance protection and utilisation in a sustainable and equitable manner through appropriate water resource management. Protection in this sense is therefore an inclusive strategy, applicable to all water resources, and does not apply only to formally protected areas. In the NBA, the term ‘protection’ refers to formal protection in terms of the Protected Areas Act.

That means the aff must apply to all groundwater, watersheds, and natural streams. Hawaii Supreme Court ’00 [Supreme Court of Hawai‘I; 8/22/2000; “IN RE: the WATER USE PERMIT APPLICATIONS”; Findlaw; https://caselaw.findlaw.com/hi-supreme-court/1387163.html]**Footnote 36.  In deleting a prior draft of article XI, section 1 merely stating that “[t]he legislature shall promote the conservation, development and utilization of ․ natural resources,” and replacing it with the present language expressly mandating “protection,” the committee noted: Much testimony was received expressing the opinion that the current language of Section 1 is contradictory and places insufficient weight on the preservation or protection end of the balance that is implied in the word “conservation.”   Your Committee agreed with this testimony and amended Section [1] to recognize this concern․  [T]he language of this section mandates that the State and its political subdivisions provide for the conservation and protection of natural beauty, as contrasted with the previous language which simply empowered the State to “conserve and develop its natural beauty.”Stand. Comm. Rep. No. 77, in 1 Proceedings, at 686 (emphases added).   See also id. at 688 (explaining, with respect to a prior draft of article XI, section 7, that the “agency will also have the duty to protect groundwater resources , watersheds and natural stream environments because groundwater resources, watersheds and streams form the basis of our water resources system ”);  Debates, in 2 Proceedings, at 857 (statement by Delegate Hoe) (“[Article XI, section 7] strives to make clear that our obligations include the welfare of future generations and therefore in the use of our resources we must protect our natural resources against irreversible depletion, waste or destruction and safeguard the natural beauty of our State.”).

“Protection of water resources” means make sustainable.Parramon, No Date(Parramon M, “The South African Regulatory Framework”, North-West University, No Date Included, https://www.google.com/search?client=safari&rls=en&q=%22for+the+purpose+of%22+%22protection+of+water+resource+means%22&ie=UTF-8&oe=UTF-8)//KP

In terms of the Act, "protection of water resource" means maintenance of the quality of the water resource to the extent that the water resource may be used in an

ecologically sustainable way , prevention of the degradation of the water resource and the rehabilitation of the water resource where necessary, which is aligned with international best practice regarding LBMP regulation The Act establishes a rather ecocentric management approach to protecting the water resource, including "ecological sustainability" as one of the main protection objectives. The approach is relevant in the context of LBMP, as it enables a customised protection regime which takes into consideration the characteristics and specific "needs" of the resource, as reflected in international best practice.

Standards

Predictability---Context KeyThe definition of “protection” means different things in different situations and must be contextualEPA 5(Environmental Protection Agency, Environmental Protection Agency, executive agency of the United States federal government tasked with environmental protection matters, “State and Federal Source Water Assessment and Protection Program Measures - Final Reporting Guidance”, March 2005, https://nepis.epa.gov/Exe/ZyNET.exe/901Q0600.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2000+Thru+2005&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5C00thru05%5CTxt%5C00000011%5C901Q0600.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL)//KP

Source water protection means different things in different situations. This is appropriate because the threats to drinking water sources and the means to address those threats are site specific and most effectively implemented at the local level, with assistance from other government and private stakeholders.

Aff Definitions

Includes Laundry ListProtection includes… WIPOLEX N.D. World Intellectual Property Organization. Slovakia Act No. 49/2002 Coll. on the Protection of Monuments and Historic Sites (amended up to Act No. 104/2014 Coll.) https://wipolex.wipo.int/es/text/418334

The term “protection of monuments and historic sites” shall mean the set of activities and measures aimed at the identification, research, documentation, conservation, renovation, restoration, regeneration, use and presentation of cultural heritage monuments, and historic sites.

Protection includes…UNCED, 92 (UNCED, United Nations Conference on Enviornment and Devolpment, 9-14-1992, accessed on 7-13-2021, Earthsummit2002, "Chapter 18, Agenda 21 - Part I", https://www.gdrc.org/uem/water/agenda21chapter18.html, LASA-CSK)

Protection of water resources from depletion, pollution and degradation :

- Introduction of sanitary waste disposal facilities based on environmentally sound low-cost and upgradable technologies;

- Implementation of urban storm-water run-off and drainage programmes;- Promotion of recycling and reuse of waste water and solid wastes;- Control of industrial pollution sources to protect water resources;- Protection of watersheds with respect to depletion and degradation of their

forest cover and from harmful upstream activities;- Promotion of research into the contribution of forests to sustainable water

resources development; - Encouragement of the best management practices for the use of

agrochemicals with a view to minimizing their impact on water resources;

Includes ConditionsWater protection is the process---includes conditions. Bajcetic, et al 16 (Marko Bajectic, member of the International Academy of Management and Technology, “ECONOMIC EFFICIENCY OF WATER PROTECTION WITHIN ENVIRONMENTALLY FRIENDLY AND INTEGRATED WATER RESOURCES MANAGEMENT”, Faculty of Business Economics and Entrepreneurship International Law Review, 2016)//KPWater is a natural resource, not a commodity, and services are those that enable achieving its quality targets, or its use-value. Thanks to the services provided, polluted water from a deteriorated natural resource is transformed into good natural resource and new economic resource. Water protection not only requires government regulations but clearly defined functions and elements that serve as a basis for establishing administrative and business processes in economic and financial structures and systems. Transforming the use-value of water from unused natural resource into economic resource occurs because organizations operating in the water sector are oriented towards increasing economic efficiency. Such orientation implies defining administrative activities and the use of buildings, devices and facilities based on normative and technological basis and measures.

The existing technology, the production and the attitude of citizens towards water accelerate water pollution which requires well-designed water and environmental protection. Water protection is possible on condition that discharging or receiving polluted water is subject to prohibition, different conditions or limitations . The primary concern is to choose between different preventive, technological, economic, regulatory or other solutions that would enable achieving good quality of water at the side of natural persons and legal entities that pollute it. The second important condition lies in the treatment before the used water is released into a recipient body of water and water facilities. Third is achieving the quality target by physically, chemically, biologically and ecologically treating the water area and the drainage basin. There is another special option which is to leave the water to clean itself in the watercourse or for the water to be released into a larger watercourse.

Water protection, as a field, can be grouped according to: (a) pressures and impacts of natural factors and human activities concerning water and environmental protection, protected areas and water usage; (b) changes in the nature of movement and fluctuations in water quality; (c) the methods and procedures for achieving the goals of water protection; (d) types and methods for the implementation of service processes; (e) the ways and methods of providing and performing water protection services; (f) the needs and demand of the public and users, and taxpayers - beneficiaries and (g) the applicable laws on water protection.

Water protection system consists of the elements such as various physical, chemical and biological characteristics of water and technological systems and economic factors which define the limits of allowed impact on water systems wherever there is water protection management. The water system can be considered an eco-system given that it includes mutually interconnected factors of different intensity, pressure and effects on water and the environment that require ecological balance. Ecological balance implies sustaining natural diversity, supporting biological production, developing methods to eliminate negative pressures and impacts on water, promoting economic efficiency from the demand for water through services provided by the water sector.

Includes Distribution Protection of water resources means controlling distribution.Tuncay Ercan 21, Mahir Kutay, Faculty of Engineering Universite cad., School of Applied Sciences, Yasar University, Izmir, Turkey, "Smart cities critical infrastructure recommendations and solutions," Solving Urban Infrastructure Problems Using Smart City Technologies, Pages 503-541, https://www.sciencedirect.com/topics/social-sciences/shale-gas, Accessed 7-12-2021, LRThe most intelligent allocation of water resources means the development, use, protection, and management of these resources in the most fair way. Ecological protection of water resources means controlling the time-space distribution of water resources through engineering and nonengineering measures like environmental control, new resource development, a systematic decision-making method, and the use of computer technologies [53]. Water solutions should naturally be flexible to meet the dynamic water demands of the population to maintain continuity. Therefore life, agriculture, infrastructure, and energy requirements should be supported with a durable and sustainable water cycle in order to use the limited water source at hand [54].

Inclusive Indirect Actions Protection includes indirect actionsVon Zharen 98(W. M. von Zharen, “Ocean Ecosystem Stewardship”, William and Mary Enviornmental Law and Policy Review, October 1998, Vol 23, Issue 1, Article 3, pg 32, https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1268&context=wmelpr)//KP

Protection regimes for living marine species can be subsumed into several categories. The first category includes those international and United States federal regimes designed to protect marine species directly . The second category includes those regimes that indirectly protect them through specific pollution prevention and response initiatives . The final category consists of voluntary codes and management strategies that either directly address living marine species or can be applied to stewardship strategies. These categories are by no means entirely separate. 241 However, each is addressed independently with major protection provisions highlighted. Where applicable, the first date after each regime indicates the year the regime was opened for signature while the second represents the year of entry into force.

Includes Management Protection of water resources includes management and allocation of watershedsPlummer et al. 11 [Ryan Plummer, Danuta de Grosbois, Rob de Loe, and Jonas Velaniskis; 9/1/2011; Plummer: Department of Tourism and Environment at Brock University,

Grosbois: Stockholm Resilience Centre at Stockholm University, Loe: Department of Environment and Resource Studies at University of Waterloo; “Probing the integration of land use and watershed planning in a shifting governance regime”; Volume 47; https://uwaterloo.ca/water-policy-and-governance-group/publications/probing-integration-land-use-and-watershed-planning-shifting-0] 1. Introduction

[2] The protection of drinking water resources and the provision of safe drinking water is one of the major global challenges of the 21st century [Bernstein, 2002; Aylward et al., 2005]. This challenge is complex because it involves competing public and private interests and tension between supply and demand orientations. Growing uncertainty associated with increasing climatic variability is an additional stressor. Adding to the challenge is the fact that responsibilities for drinking water safety are shared by many actors beyond water managers [Garcia, 2008; Saravanan et

al., 2009]. Therefore, while protection of drinking water sources unquestionably involves technical measures, effective

governance increasingly is recognized as essential [World Water Assessment Program, 2003; de Lo€e and Kreutzwiser, 2007; Galaz, 2007; World Water Assessment Programme, 2009].

[3] Water governance is commonly described as ‘‘the range of political, social, economic and administrative systems that are in place to develop and manage water resources, and the delivery of water services, at different levels of society’’ [Rogers and Hall, 2003, p. 7]. Concerns in the context of water governance mirror many of those that pertain to environmental governance more broadly. For example, water governance scholars emphasize that government and nongovernment actors both make decisions about water [Rogers and Hall, 2003], that careful attention is required to fit and scale mismatches between administrative units and resource boundaries [Blomquist and Schlager, 2005; Margerum, 2007], and that the capability to deal with inherent environmental and social variability or uncertainty using flexible, adaptable approaches is essential [Scholz and Stiftel, 2005; Ison and Watson, 2007].

[4] There is a widespread consensus within the water community that integration is essential for effective water governance [Lebel et al., 2005; Jeffrey, 2006; Pahl-Wostl, 2007; Ramin, 2004]. The quality and quantity of sources of drinking water are affected by

countless activities that take place on the landscape, often at the local scale. Thus, effective governance for source water protection requires integration of decision making within two critical domains: land use planning (which is

usually the responsibility of municipalities) and watershed management (which often takes place through the

actions of distinct organizations on the basis of watershed boundaries) [Carter et al., 2005; Fish et al., 2009]. In most jurisdictions, these two domains are not integrated satisfactorily.

Water protection includes water management and monitoringNAP '00 [National Academies Press; 2000; "Watershed Management for Potable Water Supply: Assessing the New York City Strategy (2000)”; Chapter 4: Watershed Management For Source Water Protection; https://www.nap.edu/read/9677/chapter/6]

Source water protection programs are essentially watershed management programs with the specific goal of protecting drinking water supplies. In recent years, it has been more widely recognized that source water protection is a critical first step in the multiple-barrier approach to providing safe drinking water advocated by the Environmental Protection Agency (EPA) and the American Water Works Association (AWWA, 1997; EPA, 1997a). Examples of barriers include selecting the highest-quality source water, practicing watershed management, using the best available treatment technologies, maintaining a clean distribution system, practicing thorough monitoring and

accurate data analyses, having well-trained operators, and maintaining operating equipment. Although the term "multiple barriers" is a recent one, the concept is old, as evidenced by the following quotation:

Water protection includes management and monitoringBajcetic et al. 16 [Marko Bajcetic, Zvonko Brnjas, Bozo Draskovic; 2016; Bajcetic: Regular member of the International Academy of Management and Technology (INTAMT), Brnjas: Institute of Economic Science-Belgrade, Serbia, Draskovic: Institute of Economic Science-Belgrade, Serbia; “ECONOMIC EFFICIENCY OF WATER PROTECTION WITHIN ENVIRONMENTALLY FRIENDLY AND INTEGRATED WATER RESOURCES MANAGEMENT”; International Review (2016 No.1-2); https://www.researchgate.net/publication/305363314_Economic_efficiency_of_water_protection_within_environmentally_friendly_and_integrated_water_resources_management]

Water protection system consists of the elements such as various physical, chemical and biological characteristics

of water and technological systems and economic factors which define the limits of allowed impact on

water systems wherever there is water protection management. The water system can be considered an eco-system given that it includes mutually interconnected factors of different intensity, pressure and effects on

water and the environment that require ecological balance. Ecological balance implies sustaining natural diversity, supporting biological production, developing methods to eliminate negative pressures and impacts on water, promoting economic efficiency from the demand for water through services provided by the

water sector. Basic elements of any water policy and water management activity fall under the following areas:

(1) water protection and ecology, (2) water (power) services and (3) other activities.

Ecological Aspects of Water Protection

Water protection includes all changes of the condition and status of water , water services and activities of the public, that is, all the types and manners of influence and pressures caused by natural, economic and other factors resulting from human activities on surface water and ground water and includes specific types of revenues, sources of finance and financial means spent on services and investments. This area targets bureaucratic

(administrative) coordination to specify and position water protection and environmental protection within water management . The water quality is determined by means of theoretic and practical elements and methods in chemistry, physics and biology. The water quality, for purposes of water and

environment protection, is determined depending in the ecological status of water. Ecological status requires determining (Annex V, EU Water Framework Directive) biological, hydro-morphological, chemical and physical

characteristics and general and specific elements of pollutants. Annex V of the WFD sets out in detail specific types of elements relevant for ecological and chemical statuses which require establishing a supervisory, operating and scientific monitoring but also additional monitoring. The results of

monitoring are used within an integrated water management system to determine the condition and to specify ecological status which may be (1) poor, (2) unsatisfactory, (3) satisfactory, (4) good and (5) excellent. Such ecological status is combined with chemical status which may be good or bad. Reaching a specific ecological status depends on social, political and in particular economic efficiency and ability to create conditions for accountability of legal entities and natural persons that pollute water and benefit from higher and added value.

Includes MonitoringProtection includes monitoring, classification, and water quality standards.Jovana Brankov 21, Ana Milanović Pešić, Dragana Milijašević Joksimović, Milan Radovanovic, Serbian Academy of Sciences and Arts, January, "Water Quality Estimation and Population’s Attitudes: A Multi-Disciplinary Perspective of Environmental Implications in Tara National Park (Serbia)," Sustainability, Volume 13, Number 1, https://www.researchgate.net/publication/347994761_Water_Quality_Estimation_and_Population's_Attitudes_A_Multi-Disciplinary_Perspective_of_Environmental_Implications_in_Tara_National_Park_Serbia, Accessed 7-12-2021, LR

The adequate protection of water resources includes activities such as water monitoring, water classification and the regulation of water quality standards . When implementing these activities, it is very important to evaluate water quality indicators (physical, chemical and biological), which have been referred to in many studies [2–10]. The concept of indexing water with a numerical value to express its quality, based on physical, chemical and biological measurements, was developed in 1965 by the National Sanitation Foundation (NSF) in the United States [11], and it has been known as the Water Quality Index (WQI). This index is often used to assess the quality of both surface water [12–17] and groundwater [18,19].

Includes Restoration Environmental Protection requires preventing or reducing pollutants OECD '03 [Oecd Statistics Directorate; 3/4/2003; "OECD Glossary of Statistical Terms"; No Publication; https://stats.oecd.org/glossary/detail.asp?ID=836]

Environmental protection refers to any activity to maintain or restore the quality of environmental media through preventing the emission of pollutants or reducing the presence of polluting substances in environmental media. It may consist of:

(a) changes in characteristics of goods and services,

(b) changes in consumption patterns,

(c) changes in production techniques,

(d) treatment or disposal of residuals in separate environmental protection facilities,

(e) recycling, and

(f) prevention of degradation of the landscape and ecosystems.

Protection of water resources means maintenance, prevention, and rehabilitation. DWAF 2, The Department of Water Affairs and Forestry, The Department of Health, Water Research Commission, South Africa, "Quality of Domestic Water Supplies Volume 5: Management Guide,” https://www.dws.gov.za/iwqs/AssessmentGuides/ManagementGuide/ManagementGuide.pdf, Accessed 7-12-2021, LR

Protection of water resources means :

• To maintain the quality of surface and groundwater so that it can be used in an ecologically sustainable way.

• To prevent degradation of the river or aquifer .

• To rehabilitate the river or aquifer .

Protection includes pollution prevention, maintenance, and restoration.NJDEP 97, New Jersey Department of Environmental Protection Office of Environmental Planning, January, "Statewide Watershed Management Framework Document for the State of New Jersey,"https://www.nj.gov/dep/watershedrestoration/docs/frame97fixed.pdf, Accessed 7-12-2021, LR

The statewide watershed management framework incorporates the water resource protection goal established through the PPA, including the subgoal of improving the protection of water resources for designated human uses (including public health, water supply, fish and shellfish consumption, and recreation) as well as aquatic life uses (see Section 1.1 and Figure 1). Improved protection of water resources includes pollution prevention and maintenance of high quality water resources , as well as restoration of impaired water resources . The statewide watershed management framework provides for the improved protection of water resources for designated uses through the coordination and integration of water resources protection programs on a watershed basis, and through the targeting of watershed management activities to priority watershed issues like use impairment.

Protection of water refers to decontamination and preventing pollutionOECD 8(Organisation for Economic Co-operation and Development glossary of statistical terms, 2008, pg. 431, https://www.google.com/books/edition/OECD_Glossary_of_Statistical_Terms/iwTWAgAAQBAJ?hl=en&gbpv=1&dq=%22Water+resources+consist+of+aquifers+and+other+groundwater%22&pg=PA588&printsec=frontcover, //KP

Protection of soil and groundwater refers to environmental protection activity involving the construction, maintenance, and operation of installations for the decontamination of polluted soils, the cleansing of groundwater and the protection against the infiltration of pollutants.

Includes surface and groundwater protection from pollutionBruni and Spuhler ‘19 [Marco Bruni and Dorothee Spuhler; 6/13/2020; Seecon International GMBH; "Water Source Protection"; Sustainable Sanitation and

Water Management Toolbox; https://sswm.info/arctic-wash/module-4-technology/further-resources-water-sources/water-source-protection]

As many surface water sources are used for drinking water purposes, protection is vital. Generally, three basic strategies exist for protection (UNEP 2010).

Prevention: No discharge of waste, pollutants or untreated water from domestic, industrial or agricultural use; optimised water use and practices in agriculture in order to stop nutrients from entering aquatic systems (e.g. establishing buffer zones).

Treatment: treatment of polluted water prior to discharge; stormwater management: ensuring that run-off cannot transport pollutants into water bodies.

Restore ecosystems: Enable or support natural rehabilitation processes.

Protection of water includes rehabilitation of water resourcesClaassen, et al 5(M. Claassen, “THE FEASIBILITY OF DEVELOPING PAYMENTS FOR CATCHMENT PROTECTION SERVICES AND IMPROVED LIVELIHOODS IN

SOUTH AFRICA”, South Africa Working Paper Series, June 2005, https://iwlearn.net/resolveuid/1af6bcece0636234408acefbe9d16990)//KP

In relation to a water resource, protection means: maintenance of the quality of the water resource to the extent that the water resource may be used in an ecologically sustainable way; prevention of the degradation of the water resource; and the rehabilitation of the water resource.

Protection of water is maintenance of quality, prevention of degradation, and rehabilitationLombard, 19 (Esmerelda Lombard, 8-23-2019, accessed on 7-13-2021, Plumbingafrica.co, "Legal considerations when using greywater", https://plumbingafrica.co.za/index.php/features/sanitation-for-health/771-legal-considerations-when-using, LASA-CSK)

Protection of water resources is defined in the Act as meaning the “(a) maintenance of the quality of the water resource to the extent that the water resource may be used in an ecologically sustainable way; (b) prevention of the degradation of the water resource; and (c) the rehabilitation of the water resource”.

Includes Surrounding Area Protection of water includes protection of areas and rightsBan, et al 17(Natalie Ban, Professor of environmental studies at the University of Victoria, PhD in Resource Management and Environmental Studies from the University of British Columbia, “Water Protection”, Science Direct, 2017, https://www.sciencedirect.com/topics/earth-and-planetary-sciences/water-protection)//KP Protection

Land and water protection also encompasses site and area protection (i.e., national parks , town wildlife sanctuaries, private reserves, tribal-owned hunting grounds), and resource and habitat protection (i.e., easements, development rights, water rights, instream flow rights, wild and scenic river designation, securing resource rights) (Salafsky et al., 2008). Most relevant in the ocean are MPAs, “a clearly defined geographical space, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values” (IUCN, 2008). MPAs can range from fully protected areas that prohibit all extractive activities to areas managed sustainably. MPAs, and zones within them, are commonly classified under the IUCN categories I–VI (Kelleher, 1999). MPAs thus work to prevent or reduce the direct threats to marine species and habitats by spatially restricting human activities. Spatial management has been used as a conservation tool for marine resources for centuries (Ballantine, 1994), and more recent global commitments have mandated nations to set aside at least 10% of the oceans for conservation (Aichi Target 11, Convention on Biological Diversity (https://www.cbd.int/)).

Protection of water resources includes associated ecosystems. Amanda Driver 11, South African National Biodiversity Institute, Jeanne L. Nel, Wageningen University & Research, Kate Snaddon, Freshwater Research Centre, August, "Implementation Manual for Freshwater Ecosystem Priority Areas," Report to the Water Research Commission, https://www.researchgate.net/publication/305494368_Implementation_Manual_for_Freshwater_Ecosystem_Priority_Areas, Accessed 7-12-2021, LR

“Protection” of water resources means managing the resource and associated ecosystem according to a level that ensures sustainable use . This term emphasises the need to balance protection and utilisation in a sustainable and equitable manner through appropriate water resource management. Protection is therefore an inclusive strategy, applicable to all water resources, and does not apply only to formally protected areas.

Includes Surrounding Land UseIncludes land useFlabert, 10 (Nkwelle Flabert, Bachelor of Science degree in Enviornmental Science at the University of Buea, 2010, accessed on 7-13-2021, Academia, "INVESTIGATING THE POLLUTION OF NDONGO RIVERAS A RESULT OF SOLID WASTE DUMPING ", Nkwelle_Nkede_Flabert_-_BSC_PROJECT_-_Investigating_the_Pullution_of_the_Ndongo_River_as_a_Result_of_Solid_Waste_Dumping.pdf. LASA-CSK)The water legislation would need to specify the party or parties at each level of the government (national, regional, and local) that are responsible for ensuring protection of water quality, for instance in Cameroon, the ministry of Energy and Water is responsible

for examining the installations established for these purposes and for analyzing the quality of the water (Law 79-10, article; 10). The protection of water resources includes :

a) Prevention and abatement of both point source pollution and diffuse pollution.

b) Regulation of the discharge of wastewater and other wastes.

c) Regulation of land use , particularly land cultivation practices.

d) Adoption of detailed procedures for enforcement of water quality standards , particularly of water for domestic uses.

Includes land useEPA, Environmental Protection Agency, "Source Water Protection Practices," https://www.epa.gov/sourcewaterprotection/source-water-protection-practices, Accessed 7-12-2021, LR

Source water protection practices are actions taken to prevent contamination of surface and groundwater sources of drinking water. In choosing protection practices, water systems and government officials should account for the types of contaminant threats, physical landscape properties, public input, and other site-specific factors identified during the assessment process.

General Protection Practices

Communities utilize a combination of regulatory and voluntary approaches to address threats to their drinking water supply. Given that source water protection is not required in most localities and that water utilities cannot regulate their source watersheds, approaches that complement a broad sweep of community objectives, whether protection of water quality, open space, or disaster resilience may receive more widespread public support and participation. Examples of source water protection practices include:

Land use controls (such as zoning ordinances and growth controls)

Regulations, permits, and inspections

Land conservation and "natural infrastructure" solutions

Best management practices

Public education and outreach

Cost share programs and financial incentives

Hazard mitigation

Includes land useEPA ‘20 [Environmental Protection Agency; February 24th, 2020; "Basic Information about Source Water Protection"; US EPA; https://www.epa.gov/sourcewaterprotection/basic-information-about-source-water-protection]

Source water protection includes a wide variety of actions and activities aimed at safeguarding, maintaining, or improving the quality and/or quantity of sources of drinking

water and their contributing areas. These activities may depend on the type of source being protected (e.g.,

groundwater, reservoir, or river).

Some examples of source water protection are:

Riparian zone restoration to reduce runoff pollution;

Stream bank stabilization to reduce sedimentation;

Land protection/easements;

Best management practices for agricultural and forestry activities or stormwater control;

Local ordinances to limit certain activities in source water or wellhead protection areas;

Developing emergency response plans; and

Educating local industry, businesses, and citizens on pollution prevention and source water protection.

Includes land useSalman and Bradlow 6(Salman M.A. Salman, Lead Counsel and Water Law Adviser Legal at the United Nations, Daniel Bradlow, SARCHI Professor of International Development Law and African Economic Relations at the Centre for Human Rights, “REGULATORY FRAMEWORKS FOR WATER RESOURCES MANAGEMENT”, The World Bank, 2006, https://documents1.worldbank.org/curated/ar/605641468341096140/pdf/362160rev0Regulatory0water01PUBLIC1.pdf)//KP

Protection of water resources is another element that proposed legislation needs to address. Protection includes

prevention and abatement of both point source pollution and diffuse pollution;302 regulation of the discharge of wastewater and other wastes; regulation of land use , particularly land cultivation practices; and adoption of detailed procedures for enforcement of water quality standards ,

particularly for water for domestic uses.

Those issues may be addressed under the umbrella of environmental management of water resources. The legislation would need to specify the party or parties at each level of the government (national, regional, and local) that are responsible for ensuring protection of water quality.

Water Resources

Generic Violations

Only Precipitation Example---1NCWater resources refers exclusively to precipitation---bodies of water and groundwater are storage.Singh et al 20 (R.B. Singh, Dept. of Geography at Delhi School of Economics, Bathula Srinagesh, Dept. of Geography at Osmania University, Subhash Anand, Dept. of Geography at Delhi School of Economics, 2020, “Urban Health Risk and Resilience in Asian Cities”, https://www.researchgate.net/profile/Tulshi-Das-2/publication/340456320_Noise_Pollution_and_Its_Consequences_on_Urban_Health_in_Sylhet_City/links/5f19967ba6fdcc9626aaa97a/Noise-Pollution-and-Its-Consequences-on-Urban-Health-in-Sylhet-City.pdf#page=167) //kpt

The precipitation as rain, snow, or hailstones is only water resource in the world and contrary to the common knowledge lakes, rivers, or even groundwater are not water resources. These are simply water storages because they cannot survive without precipitation. Therefore, the management of precipitation is essential. Atmospheric movements and hydrological cycles, which are very complex and stochastic in their behaviors, are main factors of precipitation forms and they make precipitation management a difficult issue. The aim of precipitation management is to get maximum gain and minimum damage from precipitation according to our needs; time, location, and amount of the precipitation arrangement. More research is required especially to reveal effects of precipitation management.

Prefer our interpretation--- - Limits---there are tons of rivers, lakes, and ground water

sources that they make topical. - Precision---precipitation is the only creation of water---

everything else is just storage.

Excludes Food---1NCinterpretation: water resources EXCLUDES food resourcesCFR (E-Code of Federal Regulations Title 45 – Public Welfare, “45 CFR § 101.20 – Definitions.”, https://www.law.cornell.edu/cfr/text/45/101.20)//kpt

Water resources   means all usable water , from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except “water resources does not include usable water that qualifies as “food resources”.

Violation: the aff protects food resourcesCFR (E-Code of Federal Regulations Title 45 – Public Welfare, “45 CFR § 101.20 – Definitions.”, https://www.law.cornell.edu/cfr/text/45/101.20)//kpt

Food resources   means all commodities and products , (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. “Food Resources” also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.

Liquid

Neg---Liquid

Liquid---1NC Water is defined as a liquid. Dictionary.com no date, “Definition of water," dictionary, https://www.dictionary.com/browse/water

water

noun

a transparent, odorless, tasteless liquid, a compound of hydrogen and oxygen, H2O, freezing at 32°F or 0°C and boiling at 212°F or 100°C, that in a more or less impure state constitutes rain, oceans, lakes, rivers, etc.: it contains 11.188 percent hydrogen and 88.812 percent oxygen, by weight.

XT---Liquid Water is liquid Cambridge Dictionary no date, "water," No Publication, https://dictionary.cambridge.org/us/dictionary/english/water

water

noun

a clear liquid, without color or taste, that falls from the sky as rain and is necessary for animal and plant life:

Water is liquid. Melissa Conrad Stöppler, 21, 3-29-2021, "Medical Definition of Water," RxList, https://www.rxlist.com/water/definition.htm

Water: 1. A tasteless odorless colorless liquid with the chemical formula H2O.

2. The liquid which forms rain, rivers, and the sea and makes up a large part of the bodies of most organisms, including humans.

3. The amniotic fluid, as in the bag of waters.

4. The cerebrospinal fluid, especially under increased pressure, as in water on the brain.

Water is defined as a liquid that is formed of hydrogen and oxygen, it excludes water vapor or ice.Merriam Webster, ND. (Merriam Webster Dictionary, No Date, “Water,” Merriam-Webster, https://www.merriam-webster.com/dictionary/water. )

1a : the liquid that descends from the clouds as rain, forms streams, lakes, and seas, and is a major constituent of all living matter and that when pure is an odorless, tasteless , very slightly compressible liquid oxide of hydrogen H2O which appears bluish in thick layers,

freezes at 0° C and boils at 100° C , has a maximum density at 4° C and a high specific heat, is feebly ionized to hydrogen and hydroxyl ions, and is a poor conductor of electricity and a good solvent

XT---Excludes Atmospheric “Water resources” EXCLUDES atmosphere, evaporation, & vegetation.FAO N.D. Food and Agriculture Organization of the United Nations. “2. CONCEPTS AND DEFINITIONS,” No publication. http://www.fao.org/3/Y4473E/y4473e06.htm

Rainfall may either flow on the surface or underground. It may finally reach the sea or it may return to the atmosphere, evaporated or consumed by the vegetation (two universal paths of the water cycle). In general, only the first type is considered ‘water resources’ offered by nature to humans. This is especially the point of view of hydrologists, who measure or assess them, and of developers. They consider evaporation as ‘losses’ (there are only lost for runoff). The use of words such as efficient rainfall or useful rainfall are significant in this regard. However, from an ecological point of view, it is excessive to judge such ‘water resources’ as useless because they maintain soil moisture and nourish natural and cultivated vegetation in rainfed systems.

Water resources excludes atmosphereSEEA 12 (System of Environmental-Economic Accounting at the UN, an international statistical standard to bring together economic and environmental information to measure the contribution of the environment to the economy and the impact of the economy on the environment, White cover publication, pre-edited text subject to official editing, 2012, “Central Framework”, https://www.wavespartnership.org/sites/waves/files/images/System%20of%20Environmental%20Economic%20Accounting.pdf)//kpt

5.478 The definition of water resources excludes water in oceans, seas and atmosphere. At the same time, flows of water in oceans, seas and the atmosphere are recorded in the accounts in a number of places. For example, abstraction from the ocean and outflows to the ocean are recorded in the asset account and evaporation to the atmosphere from inland water resources is also recorded there. Flows to and from inland water resources are also recorded in the physical flow accounts for water (see Chapter 3).

Aff---Any State

Includes Non-Liquid Water resources defined as natural waters that are potentially usefulBritannica, 19, “Water Resource,” 4-24-2019, https://www.britannica.com/explore/savingearth/water-resource

Water resource, any of the entire range of natural waters that occur on Earth regardless of their state (i.e., vapour, liquid, or solid) and that are of potential use to humans. Of these, the resources most available for use are the waters of the oceans, rivers, and lakes; other available water resources include groundwater and deep subsurface waters and glaciers and permanent snowfields.

Water occurs as a liquid, gas, and ice, not uniquely just oneSteven S. Zumdahl no date, Professor and Associate Head, Department of Chemistry, University of Illinois at Urbana-Champaign. Author of Chemical Principles and many others. "water," Encyclopedia Britannica, https://www.britannica.com/science/water

Water, a substance composed of the chemical elements hydrogen and oxygen and existing in gaseous, liquid, and solid states. It is one of the most plentiful and essential of compounds. A tasteless and odourless liquid at room temperature, it has the important ability to dissolve many other substances. Indeed, the versatility of water as a solvent is essential to living organisms. Life is believed to have originated in the aqueous solutions of the world’s oceans, and living organisms depend on aqueous solutions, such as blood and digestive juices, for biological processes. Water also exists on other planets and moons both within and beyond the solar system. In small quantities water appears colourless, but water actually has an intrinsic blue colour caused by slight absorption of light at red wavelengths.

Water vapor is a state of matter that water can occur asAMNH no date, "Three Phases of Water," https://www.amnh.org/exhibitions/water-h2o-life/blue-planet/three-phases-of-waterNext time you're drinking a glass of ice water, stop and think about this: At a single moment, you're experiencing water in all three phases. The solid is cooling the liquid in your glass while the air you're breathing is full of water vapor. Water's versatility—its ability to exist as a liquid, solid, and vapor at ordinary temperature and pressure—makes life as we know it possible on Earth.

Includes VaporWater is not just a liquid – it is unique in its ability to occur as 3 different states of matter, including as a gas or “water vapor”USGS.GOV no date, "Condensation and the Water Cycle," No Publication, https://www.usgs.gov/special-topic/water-science-school/science/condensation-and-water-cycle?qt-science_center_objects=0#

The air is full of water, as water vapor, even if you can't see it. Condensation is the process of water vapor turning back into liquid water, with the best example being those big, fluffy clouds floating over your head. And when the water droplets in clouds combine, they become heavy enough to form raindrops to rain down onto your head.

Oceans

Neg---Oceans

Excludes Oceans Example---1NCWater resources are fresh and brackish---excludes oceans. OECD 05, "OECD Glossary of Statistical Terms," No Publication, https://stats.oecd.org/glossary/detail.asp?ID=6610

Water Resources – SEEA

Definition:

The water found in fresh and brackish surface water and groundwater bodies within the national territory. In the case of surface water, the volume in artificial reservoirs and watercourses is included in addition to that in natural water bodies. The water of the oceans and open seas is excluded on the grounds that the volumes involved are so enormous as to make any stock measure meaningless and that extraction for human use has no measurable impact on them.

Prefer our interpretation--- - Limits---oceans and open seas are enormous---it adds an

entire topic to the resolution. - Ground---no measurable use for humans means we have

no disad ground.

XT---Surface, Ground, Rivers, and AquifersProtection of water resources means surface, groundwater, rivers, and aquifers. DWAF 2, The Department of Water Affairs and Forestry, The Department of Health, Water Research Commission, South Africa, "Quality of Domestic Water Supplies Volume 5: Management Guide,” https://www.dws.gov.za/iwqs/AssessmentGuides/ManagementGuide/ManagementGuide.pdf, Accessed 7-12-2021, LR

Protection of water resources means :

• To maintain the quality of surface and groundwater so that it can be used in an ecologically sustainable way.

• To prevent degradation of the river or aquifer .

• To rehabilitate the river or aquifer .

Water resources are only surface and groundwaterUS BLM, 16 (US BLM, US Department of the Interior Bureau of Land Management, 2016, accessed on 7-15-2021, Blm, "Programs: Natural Resources: Soil, Air and Water: Water | Bureau of Land Management", https://www.blm.gov/programs/natural-resources/soil-air-water/water, LASA-CSK)

Water resources include both surface water and groundwater sources . The BLM’s Soil, Water, Air Program leads efforts to assess and restore water quality conditions, and to manage water resources on public lands. Clean and adequate supplies of water are necessary to promote healthy watersheds, provide safe habitat for fish and wildlife, maintain drinking water sources, allow for safe recreational use of our surface water, and maintain healthy plant communities. The quality of water generated on public lands is just as important as the quantity and is integral to successful management of water resources.

XT---Excludes Oceans Water resources are freshwater – distinct from oceans and water vaporR.P. Côté 93. School For Resource and Environmental Studies, Faculty of Management, Dalhousie University. MANAGEMENT OF COASTAL WATER QUALITY AND USE PROBLEMS IN CANADA , Canadian Water Resources Journal, 18:4, 385-398, DOI: 10.4296/ cwrj1804385. https://doi.org/10.4296/cwrj1804385When looking at issues from the perspective of marine environmental quality, the definition of the term "water resources" results in a disjointed and divisive aporoach. The term water resources in the Canadian context, appears to represent freshwater, with an emphasis on surface and groundwater. Moisture in the atmosphere is not necessarily included in that definition and it appears that the oceans are definitely not water resources.

Water resources excludes oceansSEEA 12 (System of Environmental-Economic Accounting at the UN, an international statistical standard to bring together economic and environmental information to measure the contribution of the environment to the economy and the impact of the economy on the environment, White cover publication, pre-edited text subject to official editing, 2012, “Central Framework”, https://www.wavespartnership.org/sites/waves/files/images/System%20of%20Environmental%20Economic%20Accounting.pdf)//kpt

5.478 The definition of water resources excludes water in oceans, seas and atmosphere. At the same time, flows of water in oceans, seas and the atmosphere are recorded in the accounts in a number of places. For example, abstraction from the ocean and outflows to the ocean are recorded in the asset account and evaporation to the atmosphere from inland water resources is also recorded there. Flows to and from inland water resources are also recorded in the physical flow accounts for water (see Chapter 3).

Excludes oceans and open seas Gundimeda 7 (Dr. Haripriya Gundimeda, Department of Humanities and Social Sciences, Indian Institute of Technology Bombay, 2007, “Environmental Accounting of Land and Water Resources in Tamilnadu”, a project awarded by the Central Statistical Organisation, http://sa.indiaenvironmentportal.org.in/files/entamilnaud.pdf)//kpt2.1 Conceptual Framework Land is defined as the area within the national territory that provide direct or indirect use benefits through the provision of space for economic and human activities. Though Land is an important natural asset, it is different from other natural resources because it can neither be created nor destroyed by man or neither imported nor exported but can change in quality due to human intervention. However, the degradation of land can have implications for the economic growth. Water resources are defined as “the water found in fresh and brackish surface water and ground water bodies within the national territory”. In the case of surface water, the volume in artificial reservoirs and watercourses is included in addition to that in natural water bodies. The water of the oceans and open seas is excluded because the volume of water is too huge to make any meaningful measurement.

XT---Excludes GlaciersWater protection debates are focused on urban water management. Taillant, 12 (Jorge Taillant, Founder of the Center for Human Rights and Enviornment, 9-28-12, accessed on 7-13-2021, Core.ac, "The Human Right . . . to Glaciers?1", https://core.ac.uk/download/pdf/36688066.pdf, LASA-CSK)

The right-to-water debate, and even laws or regulations attempting to protect water, has no focus on glaciers or periglacial zones . The right to water debate has not addressed the need to protect ice, or more specifically, glaciers. Nor do most people working on “the right to water,” either from a policy, legal, or civil-society angle, focus at all on glaciers or permafrost. None of the risks listed above come up in debates about water protection. As mentioned above, science has not even come up with a term that is functional to the public policy debate to understand the glaciosystem, the natural area surrounding a glacier and all of its natural characteristics, (mountain ridges, positioning, wind patterns, etc.) that are necessary for the glacier to form in the first place. Glaciers are simply not on the radar screen of the “right to water” debate, nor are they included in systemic measures, policy , or laws to protect natural resources .

The right-to-water world is mostly focused on urban water management, storage and transport, household access, use, quality, pricing, water contamination , water storage (in human areas), and sanitation . Nobody is talking, however, about the fact that much of this water derives from ice bodies way up in the mountains, where in many cases few people have ever been. The world’s second-highest peak, (K2, or otherwise known as Savage Mountain and covered with glaciers) was not even discovered by humans until the last century. It was simply too far out of reach to humans. It is such a treacherous environment that one out of every four mountaineers who tried to reach the summit perished. In fact, knowledge on glaciers, periglacial environments, and rock glaciers is extremely scarce and limited to a handful of academics who as a collective group are quite removed from broader policy discussions about natural resource conservation and, even more so, water management.

Prefer SEEAE

Our interp is the only one that accounts for all factors SEEA ND (System of Environmental-Economic Accounting at the UN, an international statistical standard to bring together economic and environmental information to measure the contribution of the environment to the economy and the impact of the economy on the environment, White cover publication, pre-edited text subject to official editing, No Date, “Frequently Asked Questions”, https://www.wavespartnership.org/sites/waves/files/images/System%20of%20Environmental%20Economic%20Accounting.pdf)//kpt

How are SEEA environmental-accounting standards determined?

The UN Committee of Experts on Environmental-Economic Accounting (UNCEEA) was established by the UN Statistical Commission at its 36th session in March 2005. The UNCEEA functions as an intergovernmental body to provide overall vision, coordination, prioritization and direction in the field of environmental-economic accounting and supporting statistics. The UNCEEA meets once a year in New York and is governed by the Bureau of the UNCEEA which convenes regularly between the annual meeting. Its members included representatives from national statistical agencies and international organisations.

Among its roles is to further methodologies and submit recommendations to be adopted by   the United Nations Statistical Commission . The Bureau of the Committee of Experts on Environmental-Economic Accounting, consisting of representatives elected among its members and acting under delegated authority from the Committee of Experts, manages and coordinates revisions to the SEEA.

Development of standards involves the contributions of experts from many disciplines and regular consultation with the statistical community and beyond Drafts undergo a global consultative process and during the course of any updates, recommendations and updated text are posted on the SEEA website for worldwide comment, thereby achieving full transparency in the process .

Usable Resources ModuleWater resources are usable---the aff must be fresh water.Science Daily, 18 (Science Daily, 10-7-2018, accessed on 7-15-2021, ScienceDaily, "Water resources", https://www.sciencedaily.com/terms/water_resources.htm, LASA-CSK)

Water resources are sources of water that are useful or potentially useful to humans. It is important because it is needed for life to exist. Many uses of water include agricultural, industrial, household, recreational and environmental activities. Virtually all of these human uses require fresh water .

Oceans aren’t usable until treatment.Ambulkar, 18 (Archis Ambulkar, Author of "Guidance for Professional Development in Drinking Water and Wastewater Industry", 8-16-2018, accessed on 7-15-2021, Wateronline, "Tapping Into The World's Largest Water Reserves: Oceans And Seas", https://www.wateronline.com/doc/tapping-into-the-world-s-largest-water-reserves-oceans-and-seas-0001, LASA-CSK)

The water industry has already begun efforts towards converting naturally occurring saltwater into freshwater for community use. There are many success stories to list from different countries and several projects are presently in planning and development stages. Certainly, considering the vast opportunities that desalinated water can offer towards alleviating grave environmental issues, a major revolution for exploring seawater use is a must. Special initiatives by governments and environmental institutions will be the key at regional and national levels in this direction. As such, any form of natural water resource used for public usage needs prior treatment. Degree and extent of purification depends upon the intake quality and its intended purpose. Ocean and sea waters differ from freshwater due to high concentrations of salts and minerals, thus requiring desalination to convert the high-density, saline water into a usable form. Various thermal and membrane technologies (such as flash distillation, reverse osmosis, electrodialysis, and many others) have gained significant attention in recent times.

XT---Resources are Usable Natural resources have to be usableFUB, 1993 (FUB, Freie Universität Berlin, 1993, accessed on 7-15-2021, Geo.fu-berlin, "Natural Resources", https://www.geo.fu-berlin.de/en/v/geolearning/glossary/natural_resources/index.html, LASA-CSK)

Natural resources are materials created in nature that are used and usable by humans. They include natural substances (e.g., soil, water) and energy supplies (e.g., coal, gas) that serve to satisfy human needs and wants (Barsch and Bürger 1996; Minc 1976).

Resources are useful – dictionary provesCambridge, 21 (Cambridge, Cambridge Dictionary, 7-14-2021, accessed on 7-15-2021, Dictionary.cambridge, "resource", https://dictionary.cambridge.org/us/dictionary/english/resource, LASA-CSK)

Resource: a useful or valuable possession or quality of a country, organization, or person:

Resources are readily drawn uponDictionary.com, 20 (Dictionary.com, 9-17-2020, accessed on 7-15-2021, www.dictionary.com, "Definition of resource | Dictionary.com", https://www.dictionary.com/browse/resource, LASA-CSK)

Resource: a source of supply, support, or aid, especially one that can be readily drawn upon when needed.

XT---Oceans aren’t Usable Saltwater contaminates freshwater making it unusableUSGS, 18 (USGS, US Geological Survey, 5-7-2018, accessed on 7-15-2021, Usgs, "Saltwater Intrusion", https://www.usgs.gov/mission-areas/water-resources/science/saltwater-intrusion?qt-science_center_objects=0#qt-science_center_objects, LASA-CSK)

Groundwater pumping can reduce freshwater flow toward coastal areas and cause saltwater to be drawn toward the freshwater zones of the aquifer. Saltwater intrusion decreases freshwater storage in the aquifers, and, in extreme cases, can result in the abandonment of wells. Saltwater intrusion occurs by many ways, including lateral encroachment from coastal waters and vertical movement of saltwater near discharging wells. The intrusion of saltwater caused by withdrawals of freshwater from the groundwater system can make the resource unsuitable for use. Thus, groundwater management plans should take into account potential changes in water quality that might occur because of saltwater intrusion.

Saltwater contaminates freshwaterHurdle, 20 (Jon Hurdle, 4-23-2020, accessed on 7-15-2021, Yale E360, "As Sea Levels Rise, Will Drinking Water Supplies Be at Risk?", https://e360.yale.edu/features/as-sea-levels-rise-will-drinking-water-supplies-be-at-risk, LASA-CSK)

In addition to advancing up tidal rivers, saltwater is also contaminating aquifers as seas rise and coastal communities pump unsustainable amounts of groundwater. In southeastern Florida, saltwater driven by sea level rise is increasingly intruding into the porous limestone of the Biscayne Aquifer, which supplies drinking water to about 6 million people. The canals that for decades drained fresh water from Florida’s interior to the ocean are no longer working as well because the gradient between the interior and the ocean has been reduced by the higher sea level, said Douglas Yoder, deputy director of the Miami-Dade County Water & Sewer Department, the state’s largest utility. Control structures built on the canals to hold back inbound seawater are expected to protect the aquifer from saltwater contamination until about the mid-2030s, Yoder said. But after that, rising seas will force policymakers to consider massive investments in desalinization plants.

Saline is unusableOpen Learn, 10 (Open Learn, 10-28-2010, accessed on 7-15-2021, OpenLearn, "Water use and the water cycle", https://www.open.edu/openlearn/science-maths-technology/science/environmental-science/water-use-and-the-water-cycle/content-section-2.1, LASA-CSK)

The water found underground and in the ice caps, lakes and rivers forms about 4% of the total in the water cycle; but because the deeper underground water, the ice caps and the saline lakes are not usable as sources of water at the moment, the amount of water that can be used for water resources is much less, only about 1% of the total. This water is distributed very unevenly, as can be appreciated when we hear about the extensive water shortages and droughts in many parts of the world. In order to understand the problems of availability and distribution of water in more detail, we shall now look at the processes in the water cycle that transfer water between the reservoirs of the hydrosphere.

Aff---Oceans

Includes Oceans---Definitions Includes oceans. Rachel Steffan no date. Steffan holds a Bachelor of Science in agriculture from Truman State University, "Uses of Natural Water Resources," Home Guides | SF Gate, <span class="skimlinks-unlinked">https://homeguides.sfgate.com/uses-natural-water-resources-79287.html</span>

Natural water resources include lakes, rivers, streams, ice pack, groundwater, precipitation and oceans . As global climate change begins to affect the distribution of water resources in the United States, water use in all sectors is coming under increasing scrutiny. Residential, commercial and industrial users often compete with agricultural irrigation, hydropower production and navigation for water resources. (See References 1)

Water resources includes oceansBritannica, 19, “Water Resource,” 4-24-2019, https://www.britannica.com/explore/savingearth/water-resource

Water resource, any of the entire range of natural waters that occur on Earth regardless of their state (i.e., vapour, liquid, or solid) and that are of potential use to humans. Of these, the resources most available for use are the waters of the oceans, rivers, and lakes ; other available water resources include groundwater and deep subsurface waters and glaciers and permanent snowfields.

Includes Oceans---CWA WOTUS includes Oceans. EPA No DateUS Epa, No Date, "About Waters of the United States," US EPA, https://www.epa.gov/wotus/about-waters-united-states//ZRThe Court most recently interpreted the term ‘‘waters of the United States’’ in Rapanos v. United States in 2006. A four-Justice plurality stated that ‘‘waters of the United States’’ ‘‘include[ ] only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes,’” and ‘‘wetlands with a continuous surface connection’’ to a ‘‘relatively permanent body of water connected to traditional interstate navigable waters.’’ In a concurring opinion, Justice Kennedy took a different approach, concluding that ‘‘to constitute ‘navigable waters’ under the Act, a water or wetland must possess a ‘significant nexus’ to waters that are or were navigable in fact or that could reasonably be so made.’’ He stated that adjacent wetlands possess the requisite significant nexus if the wetlands ‘‘either alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as ‘navigable.’’’ The four dissenting Justices, who would have affirmed the court of appeals' application of the agencies' existing regulation, concluded that the term "waters of the United States" encompasses all tributaries and wetlands that satisfy either the plurality's standard or Justice Kennedy's. Following Rapanos, in 2007 and again in 2008, the agencies developed additional guidance for implementing the "waters of the United States" definition.

That means the aff protects is water in the US MCE No DateMissouri Coalition for the Environment, No Date, "Clean Water Act Timeline," https://moenvironment.org/clean-water-act-timeline///ZR

The Clean Water Act (CWA) is the main federal regulatory framework we have for protecting the quality of water in the United States. The CWA delegates authority to the states to monitor and regulate pollution in our rivers, streams, lakes, and wetlands. One of the greatest ironies in Missouri is that despite having great pride in our rivers and being home to some of the best recreational water activities in the country, we are woefully behind on implementing the law. See below for an interactive timeline that explains some of the most significant developments for clean water protection in Missouri—use the arrows at the sides of the timeline to move forward through the events. Keep reading below the timeline for more information about current issues and to learn about what MCE is doing further the interests of all Missourians who care about clean water.

CWA recognizes and protects oceans and coastal watersCraig and Miller, 1972 (Robin Kundis Craig and Sarah Miller, 10-18-1972, accessed on 7-14-2021, Boston College, "OCEAN DISCHARGE CRITERIA AND MARINE PROTECTED AREAS:OCEAN WATER QUALITY PROTECTION UNDER THE CLEAN WATER ACT", https://www.bc.edu/content/dam/files/schools/law/lawreviews/journals/bcealr/29_1/01_TXT.htm, LASA-CSK)

Most programs now being implemented to protect ocean and coastal waters under the Clean Water Act are based on environmental standards that apply equally to all ocean waters, regardless of the relative environmental significance of the waters. There is a growing recognition, however, that some coastal and ocean

waters are especially important to the ecological health of the oceans or contain irreplaceable natural features.

Includes Oceans---Contextual Supreme court expanded water protection to oceansSavage 20David G. Savage, Staff Writer, 4-23-2020, "Supreme Court rules beaches can be protected from sewage that flows underground ," Los Angeles Times, https://www.latimes.com/politics/story/2020-04-23/supreme-court-rules-beaches-can-be-protected-from-sewage-that-flows-underground//ZR

WASHINGTON — The Supreme Court bolstered the nation’s clean-water protections for oceans and beaches on Thursday, ruling that environmentalists can sue to block discharges of sewage into the ground if those pollutants flow in significant amounts from there into the ocean.

Includes Oceans---EPAOceans meet “water resources” and “protection”EPA, 96 (EPA, Enviornmental Protection Agency, June 96, accessed on 7-14-2021, Archive.epa, "Treasured Waters: Protecting OurCoastal And Marine Resources", https://archive.epa.gov/water/test/web/pdf/2007_06_26_oceans_treasure_treasure.pdf, LASA-CSK)

How do we protect our coastal and marine environment s from pollution in order to preserve benefits such as these? To effectively protect these resources, we must search for both sources of pollution and potential solutions. Many of the Environmental Protection Agency's (EPA) water protection programs are managed to account for activities occurring throughout the watershed. A watershed is a geographic area in which all sources of water, including lakes, rivers, estuaries, wetlands, and streams, as well as ground water, drain to a common surface water body, carrying along any pollutants that are present. Using watersheds as the basis for identifying environmental impacts on coastal and marine waters allows us to gain a better understanding of the pollutant problems we are confronting, and helps point us in the right direction to find solutions.

Includes Saltwater Saltwater also considered a water resource Coriona Fiore 18 , "Types of Water Resources," Sciencing, https://sciencing.com/types-water-resources-5127497.html

Water resources come in many forms, but the three main categories are saltwater, groundwater and surface water

AT: “Resource”Oceans are a resourceMCP, ND (MCP, Marine Conservation Program, No Date, accessed on 7-14-2021, University of Miami, "Marine Conservation Science and Policy Servicelearning Program", http://blog1.miami.edu/sharklab/wp-content/uploads/sites/28/2018/07/MODULE-3-Ocean-Connections-SECTION-5-Ocean-Resources.pdf, LASA-CSK)

The ocean is one of Earth’s most valuable natural resources. It provides food, as about 200 billion pounds of fish and shellfish are caught each year and is used as transportation for both travel and shipping. Additionally, it provides a source of recreation for humans, as well as mined for minerals, including salt, sand, gravel, manganese, copper, nickel, and iron, and drilled for crude oil. The ocean is also an increasingly important source of biomedical organisms with enormous potential for fighting disease. Besides these resources 3 provided to humans, the ocean plays a critical role in keeping Earth’s biosphere in balance. It removes carbon dioxide from the atmosphere and provides oxygen through the primary productivity of phytoplankton. Moreover, its ability to store heat allows it to regulate Earth’s climate. With these few examples, there is no doubt that the ocean plays an important role in Earth’s systems.

Legal codes prove oceans are resourcesCalifornia Legislature, 19 (California Legislature, 1-1-2019, accessed on 7-14-2021, Findlaw, "California Code, Public Resources Code - PRC § 35505 | FindLaw", https://codes.findlaw.com/ca/public-resources-code/prc-sect-35505.html, LASA-CSK)

The ocean and coastal waters offshore of the state are unique and valuable natural resources that the state holds in trust for the people of California.  The state of our ocean's health is well documented.  Reports such as the 1997 Resources Agency report, “California's Ocean Resources:  An Agenda for the Future,” the 2003 Pew Oceans Commission report, “America's Living Oceans:  Charting a Course for Sea Change,” and the United States Commission on Oceans Policy's 2004 preliminary report, document degraded ocean values, due to coastal and ocean development, onshore and offshore pollution, certain fishing and aquaculture practices, and invasive species, among other things.

AT: “In the US”Oceans meet “in the us” and “water resources”EPA, 15 (EPA, Enviornmental Protection Agency, 6-22-2015, accessed on 7-14-2021, Epa, "Climate Action Benefits: Water Resources", https://www.epa.gov/cira/climate-action-benefits-water-resources, LASA-CSK)

Water, a resource that sustains life across the globe, is a vital component of a productive economy, providing a critical input to production in a number of key economic sectors.1 In the U.S., water is used in many ways, including for human consumption, agricultural irrigation, power plant cooling, and hydropower generation. In addition, rivers, lakes, and oceans allow for navigation, fishing, and recreation activities. Water also plays an array of vital roles in ecosystems, which in turn provide crucial services that support human life. Analyzing the effects of climate change on water resources can be particularly challenging as climate variables affect both the supply and demand of water in different ways, and the impacts vary over space and time.

Misc.

Excludes Geothermal Excludes non-water wells/no geothermalEdward S. Renick and E. Lewis Reid 77 ( Natural Resource Lawyer, "GEOTHERMAL ENERGY COMMITTEE on JSTOR," American Bar Association, https://www.jstor.org/stable/40922463?refreqid=excelsior%3A0d370561ffec068dc2b191dba13f9314)

C. CHARACTERIZATION Provisions covering leasing on all lands in the state appear to make a strong distinction between water resources and geothermal resources.11 Section 3742.2 provides for certificates of primary purpose which create a rebut- table presumption of absolute title to geothermal resources from wells which are primarily for the purpose of producing said geothermal resources and "not for the purpose of producing water usable for domestic or irriga- tion purposes."12 Sections 3714, 3716, 3718, 3740, 3741, and 3746 all make similar distinctions. Furthermore, Division 7 of the California Water Code, at sec. 13710 (1967) clearly declares that water wells do not include "oil and gas wells, or geothermal wells " This seems to settle the matter that under California law geothermal resources are not water resources.

Water resources are distinct from “geothermal resources”Schroeder, et al 14(J.N. Schroeder, Environmental Science Division at Argonne National Laboratory, “Geothermal Water Use: Life Cycle Water Consumption, Water Resource Assessment, and Water Policy Framework”, Argonne National Laboratory subset of the U.S. Department of Energy, June 2014, https://web.archive.org/web/20210318211856/https://www.evs.anl.gov/downloads/ANL-EVS-14-2.pdf)//KP

The Geothermal Steam Act’s confusion between water and minerals also influenced state-level policy. This confusion creates uncertainty for geothermal developers because ownership of a water right may or may not also entail the right to develop geothermal resources (Stoel Rives LLP 2009). Management at the state level is thus going to come down to whether the state classifies geothermal resources under legal doctrines that govern groundwater appropriation, whether they classify the resources according to oil, gas, and mineral principles, or whether they use a hybrid system (Stoel Rives LLP 2009). Below, policies and definitions are explored on a state-by-state basis for western states with active geothermal energy development, thereby giving insight into how such categorization of geofluids can shape regulatory requirements as they pertain to geothermal energy development activities. Table 7 provides a brief summary of these management doctrines from a selection of states with active geothermal development in advanced stages (GEA 2014).

Arizona

Arizona law exempts geothermal energy development and related activities from state water law unless, “(1) such resources are commingled with surface waters or groundwaters of the state, (2) such development causes impairment of or damage to the groundwater supply; and

(3) well drilling to obtain and use groundwater is subject to the water laws of the state” (ARS 2014; Callison 2010). In essence, geothermal resources are not considered water resources unless their development affects water resources in some way.

Geothermal Resources are not a water resourceSchroeder, et al 14(J.N. Schroeder, Environmental Science Division at Argonne National Laboratory, “Geothermal Water Use: Life Cycle Water Consumption, Water Resource Assessment, and Water Policy Framework”, Argonne National Laboratory subset of the U.S. Department of Energy, June 2014, https://web.archive.org/web/20210318211856/https://www.evs.anl.gov/downloads/ANL-EVS-14-2.pdf)//KP

Idaho’s Geothermal Resources Act includes a specific reference to water but goes on to state that “Geothermal resources are found and hereby declared to be sui generis, being neither [emphasis added] a mineral resource nor a water resource, but they are also found and hereby declared to be closely related to and possibly affecting and affected by water and mineral resources in many instances” (IS 2014). In reality, the Act bifurcates the resource into high- and low-temperature categories (with 212°F being the dividing line), but it actually regulates development under the groundwater Prior Appropriation Doctrine, with geothermal permitting governed by the Department of Water Resources (IS 2014; Stoel Rives LLP 2009). Developers must submit permit applications for both groundwater appropriation and a geothermal well permit in any case in which the development will decrease or impact the groundwater for prior water rights (Stoel Rives LLP 2009).

Excludes GroundwaterWater excludes groundwaterSchroeder, et al 14(J.N. Schroeder, Environmental Science Division at Argonne National Laboratory, “Geothermal Water Use: Life Cycle Water Consumption, Water Resource Assessment, and Water Policy Framework”, Argonne National Laboratory subset of the U.S. Department of Energy, June 2014, https://web.archive.org/web/20210318211856/https://www.evs.anl.gov/downloads/ANL-EVS-14-2.pdf)//KP

An old water law case from 1935, State v. Hiber, quotes the 1912 A Treatise on the Law of Irrigation and Water Rights by Clesson Kinney, which is generally accepted as the basis for the definition of the term “water” under Prior Appropriation. Water includes rivers and lakes but excludes most unconnected underground water, including even some hydrologically connected underground water, as well as rainwater and melting snow (diffuse sources) as they pass over the surface of the earth before they join rivers and lakes (though there are some western states that consider all water in this state to be a form of tributary to nearby rivers, and hence covered under the law) (Sax et al. 2006). Kinney says specifically, to be considered water, there must be, “...a channel, consisting of a well defined bed and banks, and a current of water...”(Kinney 1912). This two-prong test is a helpful standard to return to when thinking about western water definitions.

Water and ground water are distinctSchroeder, et al 14(J.N. Schroeder, Environmental Science Division at Argonne National Laboratory, “Geothermal Water Use: Life Cycle Water Consumption, Water Resource Assessment, and Water Policy Framework”, Argonne National Laboratory subset of the U.S. Department of Energy, June 2014, https://web.archive.org/web/20210318211856/https://www.evs.anl.gov/downloads/ANL-EVS-14-2.pdf)//KP

California’s long-standing historical distinction between percolating waters and subterranean streams, coupled with the state’s reliance on Correlative Rights rather than Prior Appropriation for its groundwater management, make this state an interesting case. Currently, geothermal resources are considered part of the mineral estate and permitted through the Division of Oil, Gas, and Geothermal Resources (BLM and USFS 2009). In addition, like some other states explored here, California also uses a bifurcated system to define what constitutes a geothermal resource and what constitutes traditional groundwater. For California, this line is the boiling point of the resource at the surface elevation of the resource when it comes out of the ground (CA PRC 2014). Finally, because of the use of the Correlative Rights Doctrine in California and because geothermal resources are considered a mineral, property rights are key (Stoel Rives LLP 2009). A

developer’s ability to use the geothermal resources beneath its land is limited to “a reasonable and proportionate share” based on the acreage of surface ownership compared with its neighbor’s share of the same resource (Stoel Rives LLP 2009).

Excludes Industrial WaterWater resources excludes farm ponds, industrial settling basins and ponds and water treatment facilitiesWDAA (Water Development Authority Act, “WV Code §22C-1”, http://extwprlegs1.fao.org/docs/pdf/us189159.pdf)//kpt

(21) "Water resources", "water" or "waters" means any and all water on or beneath the surface of the ground, whether percolating, standing, diffused or flowing, wholly or partially within this state, or bordering this state and within its jurisdiction, and includes, without limiting the generality of the foregoing, natural or artificial lakes, rivers, streams, creeks, branches, brooks, ponds (except farm ponds, industrial settling basins and ponds and water treatment facilities), impounding reservoirs, springs, wells and watercourses.

Excludes Private LandWater resources excludes private watersOhio Administrative Rule, “Rule 1501:15-1-01 | General provisions.”, https://codes.ohio.gov/ohio-administrative-code/rule-1501:15-1-01)//kpt

(43) " Water resources " means all streams, lakes, ponds, wetlands, watercourses, waterways, drainage systems, and all other bodies or accumulations of surface water , natural or artificial, which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface waters.

Affirmative Definitions

Includes EverythingEverything related!Nanzip, 20. (Bongdap Nansel Nanzip, author at jotscroll.com, 4-29-20, “Water Resources: Meaning, Different Sources and Uses of Water,” Jotscroll, https://www.jotscroll.com/forums/3/posts/211/water-resources-meaning-sources-of-water-importance-uses-of-water.html )

Meaning of Water Resources Water resources include all the things that have to do with water; things are derived from water bodies and are of great benefits to man and his environment. Water resources are also referred to as sources of water that are useful or potentially useful. Uses of water include for agricultural uses, generation of electricity, industrial uses, household uses, recreational uses and environmental activities. Some sources of water include, rain, sea, stream, lake, pond, bore hole and well. Water possess important economic, legal and political aspects as well as it is not uniformly distributed all over the surface of the earth, however the knowledge of the physical distribution of water is basic to the understanding of the social, economic and political problems that surround water resources management. Some areas of the earth are blessed with fairly uniform and more than adequate supply for human needs whereas, many other places have a greater need of water than the supply. Dry conditions in arid or semi-arid regions exist far much if not throughout the year. Water is in great demand in dry region and considerable time and efforts are expected by the people of such region in searching for it, in transporting it to regions of greatest need and in storing it for longer use. In such areas, water is quite costly and ownership of supply is something to be prized. Money and labor are required to developed available supplies of water. Even in more humid areas economy enters into the picture for example, to purify existing water sources for a particular human and industrial purposes, or to keep polluted wastewater out of the ground water or surface water supplies requires huge sum of money. Since water is vital, for most domestic, agricultural and industrial purposes, the economy of water is an important issue in water supply management. Different Sources of Water Water in the atmosphere: water vapor in the lower atmosphere varies generally from close to 0%- 4% by volume from region to region. It has been estimated that if all the water in the atmosphere were precipitated out at one time, there would be enough to cover the surface of the globe to a depth of about 25mm multiplied by the area of the globe; this gives a total volume of water to be 13,00km3 in the atmosphere. Water in the ocean: The world’s oceans, with a total volume of more than 500 million cubic kilometers, hold more than 97 percent of all the water on Earth. However, the 3.5-percent salt content of this water makes it unusable for most human needs. The extraction of fresh water from the ocean water has been carried out for many years, but provides only a very small portion of the water used and remains quite expensive relative to land-based water resources. A rough figure for the amount stored in the oceans of the world can be obtained from an estimate of the average depth of the ocean multiply by the oceans themselves. Based on the estimated the average depth of the ocean is 12,500ft (12500x 0.3050), 3810m. This results in the total water volume stored in the oceans of the world of about 1,350,000,000km3. Water in the Lakes: The size of the lake and its depth coupled with the quantity of water supplied into it are important in determining the storage capacity. However, it is paramount in determining the storage capacity of any lake is the permeability of the country rock, the outflow and the evaporation rate. Small sized lakes usually have lower storage capacity while very extensive lakes have higher capacity and are relatively more permanent. Lakes may be either fresh or salt depending on whether they have outlet or not. The largest lake so far is the Caspian Sea with more than75% of the salt water volume in the world (about 80,00cm2km), this volume is about 3 times the volume of fresh water among all the five great lakes between United states and Canada. The total storage of salt water in lake with interior drainage is approximately 105,000 km3. Fresh water lakes provide a slightly greater amount of water storage than salt-water lakes, while none of the fresh water approaches the Caspian Sea in volume of storage. Water in River Channel– While flow volume of many of the rivers of the world are fairly well known, it is more difficult to estimate the amount of water stored in the rivers at any time. The Amazon has a flow equals to about 20% of the total discharge of all the rivers in the world (more than 4 times the discharge of the Congo River) the river with the next greatest discharge are more than 10 times larger than the Mississippi River which ranks 7th in the world. The total storage has been estimated to be about 0.7% of all the water stored in the lakes areas of the world (1700km3). Water in Reservoirs: Reservoirs constitute a surface storage of water and it is necessary to make some estimate of this water volume. The total storage of water on the surface of the lake, river channels and reservoirs has been estimated to be 235,000km3. Water Stored in Glacier and Icecaps: The amount of water held in frozen form in polar icecaps and mountains glacier varies somewhat throughout the year with freezing and melting. Estimates of the area of polar icecaps total about 6000000sqmiles (9654000km2) within all the combined artic and Antarctic circles more than 5million square miles of these icecaps are found in South Polar Region. The rest of the glacier ice occurs in the areas of

other continental areas of the globe mostly at high elevation. It has been estimated that a total water volume of 25000000km3 of water is stored in the icecap and glacier of the world. Water in the Vegetation: Estimates of the total amount of water stored on the surface of the earth in the vegetation are extremely crude and of course, the amount varies appreciably from winter to summer or from season to season, since it is in such small amount. There is no reason to try to define any estimates. Thus, the total volume of water in the vegetation of the earth can be considered negligible in the overall water bodies. Water in the Soils and Rocks-storage of water beneath the surface of the earth can be divided into three main categories:

Includes Ag/Industry A water resource is anything used for agricultural, domestic, or industrial purposesFalkenmark and Molden 8(Malin Falkenmark, globally renowned water expert and currently serves as Senior Scientific Advisor to the Stockholm International Water Institute, David Molden, Director General of the International Centre for Integrated Mountain Development, “Wake Up to Realities of River Basin Closure”, International Journal of Water Resources Development, Volume 24 Issue 2, https://www.tandfonline.com/doi/full/10.1080/07900620701723570)//KP

As societies develop, river basin water resources are increasingly controlled, diverted and consumed for agricultural, domestic and industrial purposes, hence reducing the ability to meet the growing demands from various sectors and interests. Basins are closed when additional water commitments for domestic, industrial, agricultural or environmental uses cannot be met during all or part of a year. Basin closure is already prevalent in the world today, with 1.4 billion people living in areas that have to deal with the situation. Societies may adapt to this in various ways, with reallocation of water, demand management or interbasin transfers as the primary means of dealing with the problem. However, ‘quick-fix’ measures such as further groundwater or surface water exploitation or ill-planned water appropriation that unfairly reallocates water from one user are common. Symptoms of poorly managed closed basins include groundwater overdraft, limited or no environmental flows, pollution and inequitable allocation of water. Thus, a pertinent question is whether there will be a hard or soft landing in closed basins—will the resource base fail to meet basic requirements causing undue hardship, or can societies adapt to achieving a soft landing. Surprisingly, limited attention has been given today to this urgent water situation.

Includes Laundry ListINCLUDES everything...Steffan N.D. Rachel Steffan, Journalist for SFGATE. “Uses of Natural Water Resources,” Home Guides | SF Gate, https://homeguides.sfgate.com/uses-natural-water-resources-79287.html

Natural water resources include lakes, rivers, streams,   ice pack, groundwater, precipitation and oceans. As global climate change begins to affect the distribution of water resources in the United States, water use in all sectors is coming under increasing scrutiny. Residential, commercial and industrial users often compete with agricultural irrigation, hydropower production and navigation for water resources. (See References 1)

Broad Definition for aff Stephen J. Jordan and William H. Benson 15 (U.S. Environmental Protection Agency, Office of Research and Development, National Health and Environmental Effects Research Laboratory, “Sustainable Watersheds: Integrating Ecosystem Services and Public Health," PubMed Central (PMC), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4425197/)

Groundwater, wetlands , lakes and reservoirs, upland streams, great rivers, estuaries, and coastal oceans are all valuable water resources , and all are embedded in or – in the case of most coastal systems – strongly connected to watersheds. The quality of water and the quantities available depend to a great extent on the properties of watersheds: geology, topography, climate, land cover, and human uses. Many watersheds are dominated by human uses, including mining, oil and gas extraction, urban development, and agriculture (Fig. 1); this dominance can be expected to increase in concert with human population growth and urbanization.

Water Resources Includes…Taljaard 11 {Adriana Cecilia Taljaard, Master in Environmental Management ,11-2011, " Critical perspectives on the definition of waste in South Africa – experiences within the steelmaking industry," North-West University,https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.875.4628&rep=rep1&type=pdf//zr}

In terms of the NWA, a water resource is defined as follows: A watercourse, which includes the following: • A river or spring; • A natural channel in which water flows regularly or intermittently; • A wetland, lake or dam into which, or from which, water flows; and 46 • Any collection of water which the Minister may, by notice in the Gazette, declare to be a watercourse, • And a reference to a watercourse includes, where relevant, its bed and banks; • Surface water; • Estuary – partially of fully enclosed body of water – o Which is open to the sea permanently or periodically; o Within which the sea water can be diluted, to an extent that it is measurable, with fresh water drained from land. • Aquifer – a geological formation which has structures or textures that hold water or permit appreciable water movement through them;

List of included things Richard G. Kiah, Chandlee Keirstead, Robert O. Brown, and Gregory S. Hilgendorf 05. Works at new england water science center, No Publication, https://pubs.usgs.gov/wdr/2005/wdr-nh-05-1/pdf/frontpages.pdf

Water-resources data for the 2005 water year for New Hampshire and Vermont consists of stage, discharge, and water quality of streams; contents of lakes and reservoirs; and ground-water levels. This report contains discharge records for 78 gaging stations, stage records for 5 lakes, monthend contents for 2 lakes and reservoirs, water levels for 37 observation wells. Also included are data for 37 crest-stage partial-record stations. Additional water data were collected at various sites, which are not part of the systematic data-collection program and are published as miscellaneous measurements for gaging stations in New Hampshire and Vermont. These data represent that portion of the National Water Data System operated by the U.S. Geological Survey and cooperating State and Federal agencies in New Hampshire and Vermont.

Interpretation: Water resources includes water on or beneath the ground South Carolina Code of Laws (South Carolina Code of Laws Title 49 – Waters, Water Resources and Drainage, “CHAPTER 23 South Carolina Drought Response Act” https://www.scstatehouse.gov/code/t49c023.php)//kpt

(g) "Water resources" means water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground.

Includes Living/Nonliving Includes living and non-living resources within waterLake Victoria Basin Commission Secretariat (Lake Victoria Basin Commission Secretariat, Final report, “Establishing Mara River Basin Policy, Legal and Institutional Cooperative Framework”, http://repository.eac.int/bitstream/handle/11671/703/Establishing%20Mara%20River%20Basin%20Policy%2C%20Legal%20and%20Institutional%20Cooperative%20Framework.pdf?sequence=1&isAllowed=y)//kpt

(y) “Water Resources” means all forms of water on the surface and in the ground including the living and non-living resources therein.

In The United States

Great Lakes

Neg---Excludes Shared Jurisdiction

Neg---Shared JurisdictionWater resources are in US jurisdiction. CFR (E-Code of Federal Regulations Title 45 – Public Welfare, “45 CFR § 101.20 – Definitions.”, https://www.law.cornell.edu/cfr/text/45/101.20)//kpt

Water resources   means all usable water , from all sources, within the jurisdiction of the United States , that can be managed, controlled, and allocated to meet emergency requirements, except “water resources does not include usable water that qualifies as “food resources”.

The Great Lakes are international---Jurisdiction provesEncyclopaedia Britannica, 21 (Editors of Encyclopaedia Britannica, 1-4-21, “International Boundary Waters Treaty,” Encyclopaedia Britannica, https://www.britannica.com/event/International-Boundary-Waters-Treaty)

International Boundary Waters Treaty, (1909), treaty between the United States and Great Britain

establishing an International Joint Commission of Americans and Canadians to oversee any issue related to waters on the boundary between the United States and Canada. The treaty was signed on Jan. 11, 1909, calling for an annual meeting of the Joint

Commission. These meetings are still being held to regulate use of the waters and also safeguard water quality. Questions of fishing

rights, diversion and use of the shared waters, shipping and other transportation rights, building of dams and bridges, and concern for possible water pollution are within the jurisdiction of the Joint Commission. Cases involving the Great Lakes and the St. Lawrence Seaway, as well as many smaller

lakes and rivers, are within the jurisdiction of the commission, which has headquarters in both Ottawa and Washington, D.C. The treaty of 1909 proposed the commission “to prevent disputes regarding the use of boundary waters and to settle all questions which are now pending between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along their common frontier.”

XT---ViolationThe Great Lakes are international watersU.S. Code, No Date. (U.S. Legal Code, Title 42. THE PUBLIC HEALTH AND WELFARE, Chapter 19B. WATER RESOURCE PLANNING, “42 U.S. Code § 1962d–20 - Prohibition on Great Lakes diversions.” https://www.law.cornell.edu/uscode/text/42/1962d-20 )(4)four of the Great Lakes are international waters and are defined as boundary waters in the Boundary Waters Treaty of 1909 between the United States and Canada, and as such any new diversion of Great Lakes water in the United States would affect the relations of the Government of the United States with the Government of Canada.

Aff---Includes Shared Jurisdiction

Aff---Includes Great Lakes The Great Lakes are under the jurisdiction of the Federal Government. MacDonald, 17 (Hannah McDonald, Michigan State University Institute for Public Policy and Social Research, “The Messy, Overlapping Systems Governing the Great Lakes” 12-15-17, http://www.ippsr.msu.edu/public-policy/michigan-wonk-blog/messy-overlapping-systems-governing-great-lakes#:~:text=The%20federal%20government%20can%20enter,power%20to%20regulate%20interstate%20commerce.&text=Treaties%20that%20have%20been%20put,Water%20Quality%20Agreements%20(GLWQA). ) JB

The federal government can enter into treaties and has the power to regulate interstate commerce. Ten U.S. federal agencies are involved in the protection and restoration of the Great Lakes. The treaties and executive agreements put forth by these agencies preempt state law and are an important source of federal power . Treaties that have been put in place to govern the Great Lakes include the Boundary Water Treaty and the Great Lakes Water Quality Agreements (GLWQA). The Boundary Waters treaty provides obligation to protect the natural resources of the Great

Lakes, dispute resolution mechanisms, procedures for investigational capacity and information exchange. The Boundary Waters Treaty goes beyond maintaining navigation and access by establishing governance for pollution and use of the Great Lakes. The Great Lakes – St. Lawrence River Basin Water Resources Council(link is external) (Compact Council) is both state and federal law. The Compact Council provides a framework that describes how the states will work together to enact programs and laws that ensure the protection of the Basin. Their roles include the review of water use, withdrawal and diversion requests. The Great Lakes Water Quality Agreement (GLWQA) was formed in response to concerns of over-pollution and a growing public outcry. In 1972, GLWQA was created by Canada and the United States to provide more specific objectives to require clean and protected Great Lakes. The specific goals included managing industrial, ship and municipal waste and limiting the number of toxins like mercury and oil that were released into the Great Lakes. Various expansions of GLWQA worked toward restoring chemical, physical and biological integrity through an ecosystem approach, managing nonpoint pollution sources, laying the foundations for near-shore and open-water management

plans and, most recently, designating areas of concern. Another source of federal power comes from the Clean Water Act, which aims to partner states and federal government to “restore and maintain the chemical, physical and biological integrity of the Nation’s waters.” The Clean Water Act creates several regulatory and funding programs. The Environmental Protection Agency(link is external) (EPA) administers the Clean Water Act and the Clean Water Act gives permission to states to establish programs for discharges allowing them to primarily be in control of the Clean Water Act. The State of Michigan prepares a report on water and resource quality to inform the Environmental Protection Agency and Congress of protection and monitoring information.

Aff---Includes Shared Jurisdiction Water resources includes concurrent jurisdictionTitle 43 RCW (Revised Code of Washington Title 43 Chapter 43.27A, “RCW 43.27A.020”, https://app.leg.wa.gov/Rcw/default.aspx?Cite=43.27A&full=true)//kpt

"Water resources" means all waters above, upon, or beneath the surface of the earth, located within the state and over which the state has sole or concurrent jurisdiction.

Aff---Includes Partly in StateIncludes partly in the state or bordering the stateOhio Administrative Rule, “Rule 1501:15-1-01 | General provisions.”, https://codes.ohio.gov/ohio-administrative-code/rule-1501:15-1-01)//kpt

(43) " Water resources " means all streams, lakes, ponds, wetlands, watercourses, waterways, drainage systems, and all other bodies or accumulations of surface water , natural or artificial, which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface waters.

Tribes

Neg---Excludes Tribes

Tribes Not USNatives operate as domestic dependent nationsDOJ 14 – The United States Department of Justice

The United States Department of Justice, ABOUT NATIVE AMERICANS, 6-17-14, https://www.justice.gov/otj/about-native-americans, Accessed 7-14-2021, NB

What is the legal status of American Indians and Alaska Native Tribes?

Article 1, Section 8 of the Constitution of the United States vests the Congress with the authority to engage in relations with the Tribe s . When the governmental authority of Tribes was first challenged in the 1830's, Chief Justice John Marshall articulated a fundamental principle that has guided the evolution of federal Indian law -- Tribes retain certain inherent powers of self-government as "domestic dependent nations."

What is the relationship between the United States and the Tribes?

The relationship between the Tribes and the United States is one of a government to a government. This principle has shaped the history of dealings between the federal government and the tribes.

What does the term "Federally-Recognized Tribe" mean?

Recognition" is a legal term meaning that the United States recognizes a government-to-government relationship with a Tribe and that a Tribe exists politically in a "domestic dependent nation" status. Federally-recognized Tribes possess certain inherent powers of self-government and entitlement to certain federal benefits , services , and protections because of the special trust relationship.

Extra-T---“All Tribes”Not all native territories are considered “in the United States”SCOTUS 60

Supreme Court of the United States, F. P. C. v. TUSCARORA INDIAN NATION, 3-7-1960, https://caselaw.findlaw.com/us-supreme-court/362/99.html, Accessed 7-14-2021, NB

It is necessary to add no more than a word about the legislative history of this section which the Court relies on. The Court points out that the House version of the 1920 Federal Water Power Act (now called the Federal Power Act) defined " reservations " as meaning only " lands and interests in lands owned by the United States." In this definition of "reservations" the Senate inserted new words which included the present phrase "tribal lands embraced within Indian reservations." If the only [362 U.S. 99, 129] Indian lands Congress sought to cover by this section were those to which the United States had title, the Senate addition served no purpose. For the House bill covered all "lands . . . owned by the United States." The only reason for the Senate additions, it seems to me, was to cover lands, like those of the Tuscarora Nation here, title to which was not in the United States Government.

The Court also undertakes to support its "artificial" definition of "tribal lands embraced within Indian reservations" by saying that the Congress knew, by a prior decision of this Court, that it was acting under Art. IV, 3, cl. 2, of the Constitution, which gives Congress power, as the Court says, "to deal only with `the Territory or other Property belonging to the United States.'" In the first place I do not understand how the Court can say with such assurance that the Congress was acting only under that clause, as there is no evidence whatsoever that Congress expressed itself on this matter. Moreover, it seems far more likely to me that in this phrase regulating Indian tribes Congress was acting under Art. I, 8, cl. 3, which empowers Congress "To regulate Commerce with . . . the Indian Tribes."

Even accepting for a moment the Court's "artificial" definition, I think the United States owns a sufficient "interest" in these Tuscarora homelands to make them a "reservation" within the meaning of the Act. Section 3 (2) does not merely require a finding in order to take "tribal lands embraced within Indian reservations"; the same finding is required in order to take "other . . . interests in lands owned by the United States" whether tribal or not. Or, again accepting the Court's conception, if the phrase "tribal lands embraced within Indian reservations" must be modified by the words which follow, "lands . . . owned by the United States," it must also be modified by the words "interests in lands owned by the United States," which also follow. Read this way, the [362 U.S. 99, 130] section defines "reservations" as tribal lands in which the United States owns "interests." Thus again a finding under 4 (e) is required even under the Court's own technical approach if the United States owns "interests" in the lands. I think it does.

Certainly the words Congress used, "interests in lands," are not surplusage; they have some meaning and were intended to accomplish some purpose of their own. The United States undoubtedly controls (has "interests in") many lands in this country that it does not own in fee simple. This is surely true as to all Indian tribal lands, even though the Indians own the fee simple title. 8 Such lands cannot be sold or leased without the consent of the United States Government. The Secretary of the Interior took this position about this very reservation in 1912 when the Tuscaroras desired to lease a part of their lands to private individuals for limestone quarrying. 9 And, of course, the long-accepted concept of a guardian-ward relationship between the United States and its Indians, with all the requirements of fair dealing and protection that this involves, means that the Indians are not free to treat their lands as wholly their own. 10 Anyone doubting the [362 U.S. 99, 131] extent of ownership interest in these lands by the United States would have that doubt rapidly removed should he take a deed from the Tuscarora Nation without the consent of the Government. 11 I cannot agree, therefore, that this all but technical fee ownership which the United States has in these lands is inadequate to constitute the kind of "interests in lands owned by the United States" which requires a 4 (e) finding before condemnation.

Aff---Includes Territories

Includes Tribes Courts ruled that Native territory was “in the United States” and fell under federal jurisdictionUS District Court, D. Connecticut, 72 (US District Court for the District of Connecticut, 1-27-1972, Accessed on 7-15-2021, United States v. Neptune, 337 F. Supp. 1028 (D. Conn. 1972), https://law.justia.com/cases/federal/district-courts/FSupp/337/1028/1469706/)nbWhile the full legal relationship between the United States and the Penobscot Tribe, as it relates to the Massachusetts and the State of Maine treaties of 1818, 1820, and 1843, respectively, may still remain undetermined in some of its aspects,[8] on the issue of national citizenship, *1032 there is no question but that Congress intended by the Nationality Act of 1940 to make all persons American citizens , who were born after that date within the continental United States, including members of Indian tribes .

When defining "United States," Congress defined what comported with the realities of geographic existence of "continental United States" and that included all of what is now the State of Maine.

"By the treaty which concluded the war of our revolution, Great Britain relinquished all claim, not only to the government, but to the `propriety and territorial rights of the United States,' whose boundaries were fixed in the second article. By this treaty, the powers of government, and the right to soil, which had previously been in Great Britain, passed definitively to these states. We had before taken possession of them, by declaring independence; but neither the declaration of independence, nor the treaty confirming it, could give us more than that which we before possessed, or to which Great Britain was before entitled. It has never been doubted, that either the United States, or the several states, had a clear title to all the lands within the boundary lines described in the treaty, subject only to the Indian right of occupancy, and that the exclusive power to extinguish that right, was vested in that government which might constitutionally exercise it." Johnson v. McIntosh, 21 U.S. (8 Wheat) 543, 584-585, 5 L. Ed. 681 (1823).

Also see, United States v. Kagama, 118 U.S. 375, 6 S. Ct. 1109, 30 L. Ed. 228 (1886).

The Court finds that Neptune was born in the United States , that he is subject to its jurisdiction as provided in 18 U.S.C. § 5; he is an American citiz en, he was arrested pursuant to 18 U. S.C. § 3041 and Rule 4(c) Fed.R.Crim. P., on this charge within the continental United States and he is subject to the terms of the Military Selective Service Act of 1967.

Military Bases

Excludes Military BasesMilitary bases are not in the United States.Fifth Circuit 15, United States Court of Appeals, 8-7-2015, "Thomas v. Lynch," https://web.archive.org/web/20201207040806/https://caselaw.findlaw.com/us-5th-circuit/1710350.html, Accessed 7-14-2021, LR

Accordingly, regardless of whether the treaties applicable to the military base in which Thomas was born rendered it “subject to the jurisdiction or within the dominion of the United States,” such a base was not “in the United States” for purposes of the Fourteenth Amendment. See id. at 283–84 (internal quotation marks omitted) (citing Valmonte, 126 F.3d at 920; Rabang, 35 F.3d at 1453; Lacap, 138 F.3d at 519).5 Having already determined that the Philippines, which was “under the complete and absolute sovereignty and dominion of the United States” during its time as a United States territory, The Diamond Rings, 183 U.S. 176, 179 (1901), was not “in the United States” for Fourteenth Amendment purposes, we decline to hold that a military base located in Germany qualifies as such, Nolos, 611 F.3d at 284; see also Friedrich v. Friedrich, 983 F.2d 1396, 1401 (6th Cir.1983) (explaining that a different military base in Germany “is not sovereign territory of the U nited States.”); Rabang, 35 F.3d at 1452 (“In the Insular Cases the Supreme Court decided that the territorial scope of the phrase ‘the United States' as used in the Constitution is limited to the states of the Union .” (footnote omitted)). As we held in Nolos, the Fourteenth Amendment's grant of birthright citizenship contains an express geographical limitation, which does not encompass the military base where Thomas was born. Accordingly, because Thomas was not born “in the United States” for purposes of the Fourteenth Amendment, he is not a birthright citizen.6

Territories

Neg---Excludes Territories

Excludes Puerto RicoIn the United States refers only to the 48 states, DC, Alaska, and Hawaii. It excludes Puerto Rico.Donald F. Parsons 13, Vice Chancellor of the Delaware Court of Chancery, 5-1-2013, "Smartmatic Int'l Corp. v. Dominion Voting Sys. Int'l Corp.," https://casetext.com/case/smartmatic-intl-corp-v-dominion-voting-sys-intl-corp, Accessed 7-14-2021, LR1. Dictionary definitions of the term "United States"

Delaware courts "will look to dictionaries for assistance in determining the plain meaning of terms which are not defined in a contract." The Random House Webster's Unabridged Dictionary defines the United States as "a republic in the N[orth] Western Hemisphere comprising 48 coterminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N[orth] Pacific." Black's Law Dictionary defines the United States as "a federal republic formed after the War of Independence and made up of 48 coterminous states, plus the state of Alaska and the District of Columbia in North America, plus the state of Hawaii in the Pacific." Webster's New World Dictionary provides that the United States of America is a "country made up of the N[orth] American area extending from the Atlantic Ocean to the Pacific Ocean between Canada and Mexico, together with Alaska & Hawaii." Similarly, the New Oxford American Dictionary defines the Unites States as "a country that occupies most of the southern half of North America as well as Alaska and the Hawaiian Islands." The American Heritage College Dictionary of the English Language, however, provides this definition of the United States: "A country of central and northwest North America with coastlines on the Atlantic and Pacific Oceans. It includes the non-contiguous states of Alaska and Hawaii and various island territories in the Caribbean Sea and Pacific Ocean."

Thus, the cited dictionary definitions, although not unanimous, overwhelmingly suggest that the ordinary meaning of the United States includes only the forty-eight contiguous states, the District of Columbia, Alaska, and Hawaii. I consider next how the courts have defined the United States.

2. Case law considering the definition of "United States"

Although no Delaware court squarely has addressed whether Puerto Rico is "in the United States," courts in other jurisdictions have considered this question. Most notably, in In re Airline Ticket Commission Antitrust Litigation, the United States Court of Appeals for the Eighth Circuit considered the scope of a settlement agreement that covered "[a]ll travel agencies in the Unites States who, at any time from February 10, 1995, to the present, issued tickets . . . for travel on any of the defendant airlines within and between the continental United States, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands." The Eighth Circuit applied Missouri law, but the Delaware Supreme Court has observed that Missouri law comports with Delaware law. The court affirmed the district court's finding that the settlement agreement's reference to "all travel agencies in the United States" did not include travel agencies in Puerto Rico. The court of appeals approved of the district court's reliance on a lay person's understanding and a dictionary definition of the term "United States." Notably, the Eighth Circuit rejected the appellant's argument that the district court should have considered the following definition of the "United States" from the Federal Aviation Act: "the States of the United States, the District of Columbia, and the territories and possessions of the United States, including the territorial sea and the overlying airspace." Instead, the Eighth Circuit found that "the [district] court correctly gave the contract language its plain and ordinary meaning. Indeed, it heeded the admonition that a court should not ignore the common and popular usage of a contract term." In addition, the court relied on the language of the agreement in question that referred first to the "United States" and then later to "travel . . . within and between the continental United States, Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands." To give effect to all the terms of the agreement, the court reasoned that the first reference to the "United States" must have excluded Puerto Rico.

Puerto Rico/Territories aren’t in the US.United States Court of Appeals, First Circuit 01, "FindLaw's United States First Circuit case and opinions.," https://caselaw.findlaw.com/us-1st-circuit/1421147.html

Nieves's interpretation conflicts with the plain meaning of the statute. Section 13501(1)(C) only gives the Secretary jurisdiction “to the extent the transportation is in the United States ” (emphasis added). The definition of the “United States,” for purposes of § 13501(1)(C), excludes Puerto Rico. 49 U.S.C. § 13102(20). A plain reading of the statute, therefore, would place intra-island transportation beyond the scope of the Secretary's jurisdiction because such transportation is not “in the United States” for purposes of the statute. Transportation undertaken by Nieves would thus fall outside the Secretary's jurisdiction. To the extent that some portion of a motor carrier's activities fall within the Secretary's jurisdiction, the exemption applies broadly to covered employees. Morris v. McComb, 332 U.S. 422, 434-36, 68 S.Ct. 131, 92 L.Ed. 44 (1947). However, if all of the transportation undertaken by Nieves falls outside of the Secretary's jurisdiction, the company is ineligible for the motor carrier exemption. In short, under the plain meaning of the statutory language, Nieves is subject to the FLSA.

Aff---Includes Territories

Includes Puerto RicoMultiple court rulings conclude Puerto Rico is in the United States.Donald F. Parsons 13, Vice Chancellor of the Delaware Court of Chancery, 5-1-2013, "Smartmatic Int'l Corp. v. Dominion Voting Sys. Int'l Corp.," https://casetext.com/case/smartmatic-intl-corp-v-dominion-voting-sys-intl-corp, Accessed 7-14-2021, LR

Several courts, including Delaware courts, have noted that Puerto Rico is "part of the United States. First, the Delaware Supreme Court stated that Puerto Rico is "part of the United States in State of Sao Paulo v. American Tobacco Co. In this case, two foreign governments appealed a Superior Court decision that the governments lacked standing to assert their claims as parens patriae. Parens patriae standing allows U.S. states, but not foreign sovereigns, to assert claims on behalf of their citizens in certain limited circumstances. In considering this issue, the Supreme Court summarized a prior case that had accorded Puerto Rico parens patriae standing because "Puerto Rico, like the fifty American States, had given up certain sovereign rights to become part of the U nited States" The Court noted that "[f]oreign governments . . . on the other hand, retained the full array of sovereign rights that the American States and Puerto Rico had ceded to the United States government."

In addition, the Delaware Family Court held that travel to Puerto Rico is not considered travel outside of the United States in a ruling on visitation rights to a child. In that case, the child's paternal grandmother petitioned to take the child to Puerto Rico and his mother asked to take him to Ecuador. The court permitted the mother to take the child to Ecuador because Ecuador is a signatory to The Hague Convention on International Child Abduction and, if the child were wrongfully retained in Ecuador, the mother could be required to return him to Delaware. The court, however, would not allow the paternal grandmother to take the child to Puerto Rico without the mother's consent because "Puerto Rico is a territory of the United States," and such a trip "would not be considered travel outside of the United States and The Hague Convention would not apply."

The United States Court of Appeals for the First Circuit also has stated that Puerto Rico is "part of the United States. Dominion avers that First Circuit cases are particularly authoritative on issues involving Puerto Rico because the First Circuit's jurisdiction includes Puerto Rico. In Lopez Lopez v. Aran, the First Circuit considered a challenge by a person from Puerto Rico to a U.S. Immigration and Naturalization Services ("INS") checkpoint at an international airport in Puerto Rico. In describing the basis for the plaintiff's claims, the First Circuit noted that "[a]s Puerto Rico is part of the United States, it is not an immigration threshold, and the only excuse for the INS procedure is that illegal aliens find Puerto Rico an especially facile location to obtain freedom of movement to the mainland by concealment of status."

Use reasonability.Donald F. Parsons 13, Vice Chancellor of the Delaware Court of Chancery, 5-1-2013, "Smartmatic Int'l Corp. v. Dominion Voting Sys. Int'l Corp.," https://casetext.com/case/smartmatic-intl-corp-v-dominion-voting-sys-intl-corp, Accessed 7-14-2021, LR

Thus, a review of the cases reveals that courts have engaged in a case-by-case determination with no consensus on whether the term "in the United States" has only one reasonable meaning. The Delaware Supreme Court recognized that Puerto Rico is "part of the United States, but Puerto Rico's status was not the question before the Court. Thus, the statement in State of Sao Paulo is neither controlling nor very probative on the issue presented here. Likewise, the Delaware Family Court did not analyze whether the ordinary meaning of "in the United States" includes Puerto Rico. Rather, it simply noted the fact that travel between the United States and Puerto Rico generally is not considered to be international travel.

EEZs

Neg---Excludes EEZs

Excludes EEZsEEZ isn’t US territory.Juda 09, 11-16-2009, "The exclusive economic zone: Compatibility of national claims and the un convention on the law of the sea," Taylor & Francis, https://www.tandfonline.com/doi/abs/10.1080/00908328609545784?journalCode=uodl20

The Exclusive Economic Zone (EEZ) is the newest juridical zone which has emerged from the recent evolution of the law of the sea. The EEZ represents the culmination of efforts to devise a transitional zone between the territorial sea, in which the coastal state has sovereignty subject to the right of innocent passage, and the high seas, an area whose use has been regarded traditionally as free for all. The creation of the EEZ, whose outline is embodied in Part V of the 1982 UN. Law of the Sea Convention, marks an important departure from the law of the sea regime codified in the four conventions drafted at the first U.N. Conference on the Law of the Sea in 1958. In this latter system the high seas began at the outer limit of the territorial sea; in the new law of the sea this is no longer the case as the EEZ has been interposed between the territorial sea and the high seas.

Aff---Includes EEZs

Includes EEZsEEZ is territory controlled by the US. CFR (E-Code of Federal Regulations) Title 33 – Navigation and Navigable Waters, “33 CFR § 2.30 - Exclusive Economic Zone.”, https://www.law.cornell.edu/cfr/text/33/2.30

§ 2.30 Exclusive Economic Zone.

(a) With respect to the United States, including the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the United States Virgin Islands, and any other territory or possession over which the United States exercises sovereignty, exclusive economic zone   means the zone seaward of and adjacent to the territorial sea, as defined in   § 2.22(a) , including the contiguous zone, and extending 200 nautical miles from the   territorial sea baseline  (except where otherwise limited by treaty or other agreement recognized by the United States) in which the United States has the sovereign rights and jurisdiction and all nations have the high seas freedoms mentioned in Presidential Proclamation 5030 of March 10, 1983.