of 33 /33
Can Current Water Laws & Institutions Meet 21 st Century Challenges? Barton H. “Buzz” Thompson Perry L. McCarty Director, Woods Institute for the Environment Robert E. Paradise Professor in Natural Resources Law

Can Current Water Laws & Institutions Meet 21st Century

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Can Current Water Laws & Institutions Meet 21st Century

Can Current Water Laws & Institutions Meet 21st Century Challenges?

Barton H. “Buzz” Thompson

Perry L. McCarty Director,

Woods Institute for the Environment

Robert E. Paradise Professor in Natural Resources Law

Page 2: Can Current Water Laws & Institutions Meet 21st Century

Federal Division of Responsibilities

Water quality

Species protection

Hydropower

Flood protection

Water allocation

Groundwater management

Water conservation

Federal State

Page 3: Can Current Water Laws & Institutions Meet 21st Century
Page 4: Can Current Water Laws & Institutions Meet 21st Century

The Critical Role of Public Water Agencies

Municipal SuppliersCity agencies (15%)

Public utilities (85%)

Agricultural SuppliersIrrigation districts

Water districts

Mutual water companies

Page 5: Can Current Water Laws & Institutions Meet 21st Century

Desirable Attributes

Sustainability

Integrated Management

Flexibility

Efficiency

Page 6: Can Current Water Laws & Institutions Meet 21st Century

Sustainability

Page 7: Can Current Water Laws & Institutions Meet 21st Century

Environmental Sustainability

Page 8: Can Current Water Laws & Institutions Meet 21st Century

Hanak et al (2009)

Sacramento – San Joaquin Delta

Page 9: Can Current Water Laws & Institutions Meet 21st Century

Resource Sustainability:Groundwater Overdrafting

Page 10: Can Current Water Laws & Institutions Meet 21st Century
Page 11: Can Current Water Laws & Institutions Meet 21st Century

Economic Sustainability

Page 12: Can Current Water Laws & Institutions Meet 21st Century

Integrated Management

Page 13: Can Current Water Laws & Institutions Meet 21st Century

Fragmented Governance

Page 14: Can Current Water Laws & Institutions Meet 21st Century

Fragmented Management of Surface Water & Groundwater

Page 15: Can Current Water Laws & Institutions Meet 21st Century

Cosumnes River (California)

Page 16: Can Current Water Laws & Institutions Meet 21st Century

Conjunctive Groundwater Management

Page 17: Can Current Water Laws & Institutions Meet 21st Century

Wet Growth

Page 18: Can Current Water Laws & Institutions Meet 21st Century
Page 19: Can Current Water Laws & Institutions Meet 21st Century
Page 20: Can Current Water Laws & Institutions Meet 21st Century

California Water Suppliers

All Water Suppliers with > 50,000 Customers

Findings:Few had taken steps in recent decades to protect watershed from encroachment

Mostly small acquisitions

Many now utilized watershed in manner that undercut water quality

E.g., logging

Page 21: Can Current Water Laws & Institutions Meet 21st Century

Flexibility

Page 22: Can Current Water Laws & Institutions Meet 21st Century

Water Markets Promise Adaptive Flexibility

Page 23: Can Current Water Laws & Institutions Meet 21st Century

Plus an Incentive to Conserve

San Diego

Imperial Irrigation District

Page 24: Can Current Water Laws & Institutions Meet 21st Century

And “Markets for Nature”

Trout CreekRanch

Deschutes Basin

Page 25: Can Current Water Laws & Institutions Meet 21st Century

Problem: The Law –Can You Transfer Conserved Water?

Poorly defined water rights

Junior claimsTransferor has been “wasting” water

Conflict between markets and regulation

Water is a public resource

Page 26: Can Current Water Laws & Institutions Meet 21st Century

Problem: Community Concerns

Conservation versus FallowingEconomic Studies

Short-term transfers generally have small impactTransfers of <20% water supplies generally have small impact

Page 27: Can Current Water Laws & Institutions Meet 21st Century

Problem: Is Any Water Really Being “Conserved”?

Page 28: Can Current Water Laws & Institutions Meet 21st Century

Problem: Dominance of Public Agencies

Holders of most water rights

Owners of most transportation facilities

Page 29: Can Current Water Laws & Institutions Meet 21st Century

“Entitlements” Also Undermine Flexibility

“Hetch Hetchy is San Francisco’s birthright.”

Page 30: Can Current Water Laws & Institutions Meet 21st Century

Efficiency

Page 31: Can Current Water Laws & Institutions Meet 21st Century

Water Pricing Policies

Page 32: Can Current Water Laws & Institutions Meet 21st Century

Tiered Pricing

Coachella Valley Water District (2009)

Page 33: Can Current Water Laws & Institutions Meet 21st Century

Questions?