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

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

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

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

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

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

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

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

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

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

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

13. Water in the west… Eighty percent of the Nations water is used in the Westmost of it for agriculture Eighty percent of the Nations water is used in the Westmost of it for agriculture Water left in the stream is considered wasted Water left in the stream is considered wasted Water rights exist as a legal entity independent of the land. Water rights exist as a legal entity independent of the land.

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

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

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

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

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

21. Water...

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

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

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

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

35. Ground Water… According to the USGS, in 2000 21% of water used in the United States According to the USGS, in 2000 21% of water used in the United States 69.8 Billion gallons /day came from ground- water sources 69.8 Billion gallons /day came from ground- water sources 68 percent, was used for irrigation 68 percent, was used for irrigation 19 percent was used for public water supplies 19 percent was used for public water supplies 99% of self supplied water sources were ground water (a well) 99% of self supplied water sources were ground water (a well)

36. Ground Water Withdrawals by State, 2000

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

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

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

43. Water wars? No conflict has yet been fought over water. No conflict has yet been fought over water. Water law is one of the few places where negotiation appears to have worked Water law is one of the few places where negotiation appears to have worked http://www.transboundarywaters.orst.edu/ http://www.transboundarywaters.orst.edu/ http://www.transboundarywaters.orst.edu/ Transboundary Freshwater Dispute Database Transboundary Freshwater Dispute Database

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

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

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

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

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

50. Bureau of reclamation Established in 1902 Established in 1902 Controls over 600 dams in 17 Western States Controls over 600 dams in 17 Western States 20% of Western farmers rely on BuRec water 20% of Western farmers rely on BuRec water 58 powerplants annually provide more than 40 billion kilowatt hours 58 powerplants annually provide more than 40 billion kilowatt hours http://www.usbr.gov/main/about/ http://www.usbr.gov/main/about/ http://www.usbr.gov/main/about/