1. Environmental Flows: Policy and Implementation Tyler Jantzen and Shane Walker Transboundary Water Resources November 15, 2005

2. Presentation Outline Review of Environmental Flow Concept Review of Environmental Flow Concept Implementation of Concept to Policy Implementation of Concept to Policy Case Study: South Africa Case Study: South Africa Case Study: Australia Case Study: Australia Policy in the U.S. Policy in the U.S. –Texas Waters DVD –Use of Eminent Domain Questions for Discussion Questions for Discussion

3. Implementing Environmental Flows as Water Policy The Science is here (for the most part) The Science is here (for the most part) The public is mostly unaware of need for Environmental Flow The public is mostly unaware of need for Environmental Flow Giving the Environment a primary “right” to water is a paradigm shift for most people Giving the Environment a primary “right” to water is a paradigm shift for most people Most water rights have already been allocated and are spoken for Most water rights have already been allocated and are spoken for

4. Case Study: South Africa An Introduction to the Concept of a Water Reserve

5. South Africa Water Resources: A Recent History April, 1994: End of apartheid → A new start April, 1994: End of apartheid → A new start Dec., 1996: Constitution signed Dec., 1996: Constitution signed 1997: “National Water Policy” adopted 1997: “National Water Policy” adopted 1998: “National Water Act” signed into law 1998: “National Water Act” signed into law Aug. 2002: Draft of “National Water Resource Strategy” proposed Aug. 2002: Draft of “National Water Resource Strategy” proposed Sept. 2002: NWRS- 1 st Edition adopted Sept. 2002: NWRS- 1 st Edition adopted

6. National Water Act Water considered a common asset Water considered a common asset National and local governments “act in the public trust” to ensure that water used for “the benefit of all persons” National and local governments “act in the public trust” to ensure that water used for “the benefit of all persons” Ecological Flow Basic Human Needs The Water Reserve Schedule 1- Unlicensed Users of Minor Extractions Licensed Users

7. The Water Reserve Phase 1: Complete Phase 1: Complete – Desktop Model (Minimal data needed; Already exists) –  Low level of reliability –  Does not account for temporal flow distribution –~20% of flow reserved for Ecological flow + 25 liters per person per day = Water Reserve Phase 2: In Progress Phase 2: In Progress – More complex Building Block Model –  High data needs, very little data exists – Higher level of reliability- legally defensible – Will account for temporal flow distribution –Prescription based on multiple parameters

8. Water Management Areas National: Department of Water Affairs and Forestry Regional: Water [Catchment] Management Areas Local: Water Users Associations Regional Management Areas

9. The Water Reserve: Ecological Flow

10. X 25 L / cap day The Water Reserve: Protecting Water for “Basic Human Needs”

11. Case Study: Australia Water “Cap”

12. Water Resources in Australia A water scarce continent A water scarce continent –However, low population density Rainfall is highly variable in time and space Rainfall is highly variable in time and space –Need for engineered water resource systems –One of highest Dam per Capita ratios in the world National government encourages individual basins to implement environmental flow measures National government encourages individual basins to implement environmental flow measures –The Murray-Darling Basin Commission has taken on one of the most progressive plans in Australia

13. The Murray-Darling Basin Large increase in development and water use in 1980s and 1990s. Large increase in development and water use in 1980s and 1990s. 1995: MDBC implements an interim cap in an attempt to address declining river health 1995: MDBC implements an interim cap in an attempt to address declining river health 1997: The cap becomes permanent 1997: The cap becomes permanent The cap limits diversions to 1993/1994 levels The cap limits diversions to 1993/1994 levels Adjustments are made to account for natural changes in flow (drought) Adjustments are made to account for natural changes in flow (drought) Considered a “first step” towards achieving a sustainable basin ecosystem Considered a “first step” towards achieving a sustainable basin ecosystem

14. U.S. and Texas What Are We Doing? 1977- Thorton, CO acquired water rights from nearby irrigation companies for municipal use using eminent domain 1977- Thorton, CO acquired water rights from nearby irrigation companies for municipal use using eminent domain 1990s- El Paso expanding groundwater rights 1990s- El Paso expanding groundwater rights Texas The State of Water – Finding a Balance (Texas Parks and Wildlife) Video Texas The State of Water – Finding a Balance (Texas Parks and Wildlife) Video

15. Questions for Discussion How does a government or institution determine an equitable way to allocate water to both “reserve” and users? What level of ecological health is desired? What level of ecological health is reasonable and achievable? How much flow are users willing to forego? How does a government or institution determine an equitable way to allocate water to both “reserve” and users? What level of ecological health is desired? What level of ecological health is reasonable and achievable? How much flow are users willing to forego? How can the methods used by South Africa, Australia, and Armenia be applied to transboundary river basins? How can the methods used by South Africa, Australia, and Armenia be applied to transboundary river basins? How can American water policy makers (either on a local, regional, state, or national level) incorporate the concept of ecological and environmental flow? Should Eminent Domain be applied to water rights in order to sustain environmental flows? How can American water policy makers (either on a local, regional, state, or national level) incorporate the concept of ecological and environmental flow? Should Eminent Domain be applied to water rights in order to sustain environmental flows?