Water Resource Rights & Depletion

By: Jacob Kreinik, Graham Nagle-Deamer, Meghan

Gutknecht

Aral Sea

Aral Sea● Was the 4th largest lake in the world● 50 years ago the sea supported more than 60,000 people in fishing and fish

processing● in 1960 the level of the sea was 53 meters above sea level● in 2003 the level of the sea was 30 meters above sea level● this means that the lake lost more than 74% of its surface area and 90% of it

volume over that time● this drop in water levels in addition to a raise in salinity of the sea led to the

destruction of the fishing industries

Aral Sea-the CauseAgricultural demands of the Soviet Union deprived the lake of water inflow that was large enough to overcome the evaporation losses

The two river that feed into the lake are the Amu Darya and the Syr Darya

The opening of the Kara Kum Canal and the diversion of water at both rivers, to feed the huge agricultural demand of the soviet union attempting to export their crops, led to the slow and steady lowering of the sea level

Aral Sea-the resultsIn addition to the lowering of sea levels and the destruction of the fishing industry, the dried seabed exposed salt and chemical filled lake bed that when blown up into the air resulted in air pollution,high incidences of throat cancer, eye and respiratory diseases, anemia, and increased infant mortality

The habitat along the shore line also took a hit, wetlands were desiccated, and animal populations shifted

Aral Sea- MitigationThe central Asian republics around the Aral Sea- Kazakhstan, Turkmenistan, Uzbekistan, and Karakalpak Republic- are the poorest of the former soviet bloc and have no money to invest in rebuilding irrigation systems

The south of the Aral sea no longer receives any water from the river, and any form of restoration has been abandoned, the main focus is to prevent anymore desertification, by planting plants to prevent the chemical dust from spreading

The north of the sea has a slightly more promising fate, irrigation repairs on the norther river have increased the flow of water, also the building of a dam has raised the sea level to 38 meter from the low of 30 meters

Other nations have taken notice of the severity of the situation and have offered to help in the rebuilding

Edwards AquiferLocated in South-central Texas

Edwards Aquifer● Provides water for 2 million people, including

the city of San Antonio● a well drilled for the city is reportedly the world's

greatest flowing well, yielding 25,000 gallons a minute

● The aquifer is composed of limestone and is considered a karstified flow system→ honeycombed with solution cavities, caverns, and caves, and feeds many springs

● 80% of the aquifers recharge is from losing streams that flow over its exposed outcrops

● the other 20% is from direct infiltration of precipitation

Edwards AquiferRecharge areas are environmentally sensitive to pollutants, and the resource is threatened by disregards for this potential problem

These threats include human sewage, highway construction, agricultural chemicals, runoff from paved surface, and leaking underground storage tanks

The state declared the Edwards Aquifer the most susceptible to pollution in the state

● Luckily, government agencies at all levels are committed to protecting the aquifer

○ the government dedicated the aquifer a Sole source Aquifer, meaning it’s eligible for funding protection projects

○ government has placed signs to make the public aware that they are entering an aquifer recharge zone

○ cleanup projects have been put in place○ the state has established conservation districts for overseeing its

protection

Groundwater laws ● Groundwater ownership has to do with property rights and usually varies

between states ● each state uses one or more of 4 groundwater doctrines ● A flaw with these doctrines is that none of them distinguish between surface

water infiltration and groundwater flow

Doctrine 1, The riparian doctrine ● Ripa - latin meaning: river or bank ● This doctrine only relates to people that own land that runs into a water bank● this doctrine states that landowners that are above well-defined underground

streams have absolute right to that water ● There are no limits placed on the landowner's use of the water that lies

beneath their property ● When you are buying waterfront property, you are not just buying the land but

you are also buying the water that comes with it ● Sometimes rights can be restricted in times of water shortage or drought

Doctrine 2, Reasonable-use doctrine ● This doctrine makes sure that people do not overuse water ● It states that says that owners of groundwater have to restrict water usage to

reasonable use. ● This means that usage cannot be so excessive as to deprive neighbors of

their rights to reasonable use. ● This doctrine makes sure there is an equal distribution of water in times when

there is a shortage ● When water is plentiful everyone can use lots of water however when there is

a shortage, this doctrine insures that everyone cuts back and is using similar amounts of water relative to their neighbor.

Doctrine 3, The prior-appropriation doctrine ● This doctrine does not distribute water evenly between people ● It states that the earliest water users have the firmest rights● “first come, first served” ● In the San Joaquin Valley of California the water rights were governed by this

doctrine. ● In 1966 there were intensive groundwater withdrawals and reversed the

regional groundwater flow and caused the San Joaquin river to lose water instead of gaining water.

● This caused many of the people who were the first to be served to sue the other people who were using their water

Doctrine 4, Correlative-rights doctrine ● This doctrine states that water is divided up proportionally ● Landowners own shares to water beneath collective property based on how

big their property is. ● In some states, this applies to oil and gas as well

Problems with these doctrines ● It is impossible to treat groundwater and surface water as different entities ● With this in mind their is often times disputes over what water is

encompassed by these doctrines and who has access to different types of water.

● Each of these doctrines has advantages and disadvantages and it is hard to come to a solution as to which ones to use because in the end not everyone will be happy with how much water they receive

Notes about water laws● Water laws vary greatly between states and regions of the united states● On the east coast water is very plentiful compared to the west coast and

therefore on the west coast there are more laws that limit water usage ● Even in the same region where the water supply is similar, there are different

laws between states regarding water consumption.

The Colorado River & Lake Mead

Colorado River● The water from the Colorado River is responsible for helping produce 15% of

the Nation’s food, from California’s Imperial Valley to Wyoming’s cattle● Over 40 million people rely on the Southwest’s sole major river, and that

number continues to climb, as these are some of the faster growing areas of the U.S.

● Climate Change Statistics claim that by 2050, the average flow will lower anywhere from 5-35%

Colorado River (cont.)● When it was decided in 1920 that the Colorado would be split equally 50/50

between upper and lower basin state (Upper: Utah, New Mexico, Colorado, and Wyoming. Lower:Arizona, Nevada, and California)

● When this was decided in the 20th century, the Colorado was still very wet, and the lower basin was not expected to flourish and grow with such major cities and immense population growth with cities like L.A., San Fransisco, Las Vegas, Tuscon, etc.

● In many places the once big broad blue river is down to a murky brown trickle

Lake Mead● The Colorado River flows into Lake Mead, a massive reservoir for citys from

L.A. to Las Vegas● Lake Mead currently stands at 1,106 ft above sea level, and is expected to

continue to drop● Las Vegas could be on a severe water rationing system if Lake Mead

continues to lower at its current rate

Water Rights in California

Water Rights in California● The California Supreme Court decided in 1903 that the right to use both

groundwater and surface-water is governed by the “reasonable-use doctrine.”○ Brief reminder: this means that landowners must use the water supplies they have access to

in a “reasonable” manner, i.e. one that does not deprive other landowners of their right to “reasonable use.”

○ Even riparian rights holders must use water in a “reasonable and beneficial” manner, per Article X Section 2 of the state’s constitution.

■ This is one of the most significant differences between the water right system in California and the water right systems in place in other states.

■ Riparian rights are given priority over appropriative rights under California law.

● The Supreme Court also decided that water in an aquifer can be appropriated for use on land that does not overlie the aquifer, but that the rights of landowners who hold overlying land take precedence.

Water Rights in California (cont.)● In other areas of California, the laws regarding water rights are a bit more

complex. For example, in the San Joaquin Valley surface-water rights are governed by the doctrine of prior appropriation, while groundwater rights are governed by the doctrine of correlative rights.

○ Reminder: prior-appropriation doctrine: A “first come, first served” system in which earliest water users have the firmest rights.

○ Reminder: correlative-rights doctrine: landowners own a share of the water beneath their property that is proportional to the area of the land they own.

● Legal conflicts can arise due to the treatment of groundwater and surface-water supplies as completely separate entities.

Graphic - San Joaquin River

Water Rights in California (cont.)● California has given out water rights to five times the amount of surface water

the state’s ecosystem can actually provide.○ Since 1914, the state has issued different users the rights to 370 million acre-feet of water

annually, while only about 70 million acre-feet of water actually flow through the state (on average) per year.

Explanation of Graphic● One cause of this problematic situation is the tendency of users to

deliberately overestimate their water needs when applying for permits, so that if the state chooses to begin enforcing cutbacks they will still have as much water as they need.

● In many cases, the state doesn’t actually even know who is entitled to what.○ This is especially true for water rights granted before 1914, when the current water right

system was established through legislation.

Transferability of Water Rights● The California Supreme Court has ruled that water rights can be transferred

from one entity to another, as long as this transfer would not adversely affect fish, wildlife, or other users of that water reservoir.

○ This is one of the only ways to meet statewide water demands, especially during droughts.○ Most of the transfers of water rights that take place are temporary (period < 1 year).○ All transfers are subject to the approval of the State Water Resources Control Board.