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Water transfers in the West : efficiency, equity, and the environment / Committee on Western Water Management, Water Science and Technology Board, Commission on Engineering and Technical Systems, with the assistance of the Board on Agriculture, National Research Council.

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Format:
Book
Contributor:
National Research Council (U.S.). Water Science and Technology Board. Committee on Western Water Management.
Language:
English
Subjects (All):
Water transfer--West (U.S.).
Water transfer.
Water transfer--Law and legislation--West (U.S.).
Physical Description:
1 online resource (320 p.)
Edition:
1st ed.
Place of Publication:
Washington, D.C. : National Academy Press, 1992.
Language Note:
English
Summary:
The American West faces many challenges, but none is more important than the challenge of managing its water. This book examines the role that water transfers can play in allocating the region's scarce water resources. It focuses on the variety of third parties, including Native Americans, Hispanic communities, rural communities, and the environment, that can sometimes be harmed when water is moved. The committee presents recommendations to guide states, tribes, and federal agencies toward better regulation. Seven in-depth case studies are presented: Nevada's Carson-Truckee basin, the Colorado Front Range, northern New Mexico, Washington's Yakima River basin, central Arizona, and the Central and Imperial valleys in California. Water Transfers in the West presents background and current information on factors that have encouraged water transfers, typical types of transfers, and their potential negative effects. The book highlights the benefits that water transfers can bring but notes the need for more third-party representation in the processes used to evaluate planned transfers.
Contents:
Water Transfers in the West
Copyright
Preface
Contents
Summary
THIRD PARTY IMPACTS AND OPPORTUNITIES
ASSESSING WATER TRANSFERS AND THEIR EFFECTS
THE ROLE OF LAW IN THE TRANSFER PROCESS
CONCLUSIONS AND RECOMMENDATIONS
Water Transfer Opportunities
State and Tribal Authority
The Costs of Transfers
Area-of-Origin Impacts
The Public Interest
Environmental Impacts
The Unique Interests of Indian and Hispanic Communities
Transfers on Indian Reservations
Water Salvage Laws
Water Quality-Water Quantity and Surface-Ground Water Interrelationships
Federal Policy
BALANCING EFFICIENCY AND EQUITY
1 Pressures for Change
THE HISTORICAL CONTEXT
WHY WATER TRANSFERS OCCUR IN THE WEST
CHANGING DEMANDS
SOME RECENT TRANSFERS
TYPES OF WATER TRANSFER OPPORTUNITIES
Water Leases
Water Banks
Dry Year Option Arrangements
THE CASE FOR TRANSFERS
REFERENCES
2 Third Party Impacts and Opportunities
PROTECTING THIRD PARTIES
RURAL COMMUNITIES
Economic and Fiscal Impacts
Environmental Effects of Retiring Irrigated Farmland
A Cautionary Note on Area-of-Origin Protection
AVAILABILITY OF WATER FOR AGRICULTURE
ETHNIC COMMUNITIES
TRIBES AS SOVEREIGN GOVERNMENTS
ECOSYSTEMS
INSTREAM FLOWS AND RELATED BENEFITS
WATER QUALITY
URBAN INTERESTS
FEDERAL TAXPAYERS
OPPORTUNITIES
3 The Role of Law in the Transfer Process
STATE WATER ALLOCATION LAWS
The No Injury Rule
Historical Use Limitation
Appurtenancy Restrictions
Basin-of-Origin Protection
Public Interest Review
Instream Flow Protection
OTHER STATE LAWS
Water Quality
Land Use
Environmental Impact
Soil Conservation
FEDERAL RECLAMATION LAW
FEDERAL ENVIRONMENTAL LAWS
FEDERAL AND INDIAN RESERVED RIGHTS
The Winters Doctrine.
Application to Federal Lands
Priority of Reserved Rights
Quantification of Reserved Rights
Transferability of Indian Reserved Rights
SPECIAL DISTRICT LAWS AND STATE LAW RESTRAINTS
OPTIONS FOR IMPROVING WATER LAW AND POLICY
Public Interest Review Processes
Impact Assessment
Comprehensive Planning
Judicial Public Trust Doctrine
Clean Water Act, Section 404
Ad Hoc Negotiation
Other Legislation
4 Assessing Water Transfers and Their Effects: An Introduction to the Case Studies
ELEMENTS OF THE EVALUATION SYSTEM
Transfer Characteristics
Third Party Interests
Nature of Third Party Effects
INTRODUCTION TO THE CASE STUDIES
CRITICAL ISSUES
Area-of-Origin Protection
Instream Uses
5 The Truckee-Carson Basins in Nevada: Indian Tribes and Wildlife Concerns Shape a Reallocation…
THE SETTING
THE WATER DELIVERY SYSTEM
HOW WATER LAW HAS DEFINED RIGHTS AND CONSTRAINED REALLOCATION IN THE TRUCKEE-CARSON BASINS
The Initial Allocation
Principal Interests in Water Reallocation Through Transfers
TRIBAL INTERESTS AND ENDANGERED SPECIES IN PYRAMID LAKE
URBAN GROWTH IN THE TRUCKEE MEADOWS AREA
WETLAND ECOSYSTEM MAINTENANCE IN THE LAHONTAN VALLEY
RECENT AND PLANNED TRANSFERS
CONCLUSIONS
6 Colorado Front Range-Arkansas River Valley: Interconnected Water Sources
Arkansas River Basin
South Platte River Basin
Areas of Origin for Transmountain Diversions
MAJOR WATER TRANSFER PROJECTS
Colorado-Big Thompson Project and Windy Gap Project
Arkansas River Basin Projects
Infrastructural Differences Between NCWCD and SCWCD Projects
INSTITUTIONAL AND LEGAL CONSIDERATIONS
CURRENT WATER TRANSFERS AND WATER MARKETING
Northeastern Colorado
Southeastern Colorado
FUTURE TRANSBASIN DIVERSIONS.
THIRD PARTY IMPACTS
Socioeconomic Impacts
AGRICULTURAL SECTOR
MINORITIES
INSTREAM VALUES
Water Rights Transfers
Water Resource Planning and Management
7 Northern New Mexico: Differing Notions of Water, Property, and Community
Physical Setting
UPPER RIO GRANDE
RIO CHAMA
MIDDLE RIO GRANDE
Institutional and Legal Setting
COLONIAL SPANISH LAW
THE RIO GRANDE COMPACTS OF 1938
THE MIDDLE RIO GRANDE CONSERVANCY DISTRICT
Economic Setting
AGRICULTURE AND EMPLOYMENT
THIRD PARTY IMPACTS
Types of Water Transfers
Impacts on Community and Environmental Values
THE ACEQUIA COMMUNITIES
INDIAN COMMUNITIES
INSTREAM FLOW
8 The Yakima Basin in Washington: Will Transfers Occur Without Judicial or Legislative Pressures?
9 Central Arizona: The Endless Search for New Supplies to Water the Desert
WATER INSTITUTIONS
Surface and Ground Water Transfers and Their Social and Environmental Effects
Effects of Transfers of Sewage Effluent
Effects of Transfers of Indian Water Rights
10 California's Central Valley: Fear and Loathing in Potential Water Markets
Areas of Origin
Environment
11 California's Imperial Valley: A "Win-Win" Transfer?
LEGAL BACKGROUND
THE IID-TO-MWD TRANSFER NEGOTIATIONS
THE 1989 WATER CONSERVATION AGREEMENTS
FUTURE AGREEMENTS
12 Conclusions and Recommendations
Transaction Costs.
CONCLUSIONS AND RECOMMENDATIONS
Conclusion 1: Water transfers can promote the efficient reallocation of water while protecting other water-dependent values…
RECOMMENDATION:
Conclusion 2: State and tribal governments have primary authority and responsibility for enabling and regulating water…
RECOMMENDATIONS:
Conclusion 3: Water transfer law and policies should be designed to consider the interests of the trading partners, third…
Conclusion 4: Water transfers between basins should be evaluated to determine and account for the special impacts on…
Conclusion 5: Public interest considerations should be included among the third party issues and legal Provisions for…
Conclusion 6: Environmental impacts can and should be considered by state, tribal, and federal agencies when potential water…
Conclusion 7: Traditional Indian and Hispanic communities have unique interests relating to water transfer policies, and…
Conclusion 8: Tribal governments should consider special factors in approving and administering water transfers on their…
Conclusion 9: Water laws should be enacted to promote water conservation and salvage while protecting third party interests.
Conclusion 10: Water transfer reviews should consider the interrelationships between water quality and also between surface…
Conclusion 11: Federal legislative and administrative policies should more clearly support federal water transfers while…
Appendix A Glossary
Appendix B Acknowledgments of Case Study Participants
TRUCKEE-CARSON BASINS IN NEVADA
COLORADO FRONT RANGE AND ARKANSAS RIVER VALLEY
NORTHERN NEW MEXICO
THE YAKIMA BASIN IN WASHINGTON
CENTRAL ARIZONA.
CALIFORNIA'S CENTRAL VALLEY
CALIFORNIA'S IMPERIAL IRRIGATION DISTRICT AND METROPOLITAN WATER DISTRICT
Appendix C Biographical Sketches of Committee Members and Staff
Index.
Notes:
Bibliographic Level Mode of Issuance: Monograph
Includes bibliographical references and index.
ISBN:
9786610203734
9781280203732
1280203730
9780309563420
0309563429
OCLC:
57012198

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