water quality final
TMDL Definition - 40 CFR Part 130
"The sum of the individual waste load allocations for point sources and load allocations for nonpoint sources and natural background... TMDLs. can be expressed in terms of either mass per unit time (kg/day) toxicity or other appropriate measure"
How does EPA define storm water
"storm water" means storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration (other than infiltration contaminated by seepage from sanitary sewers or by other discharges) and drainage
Clean water act
(1972) has been amended several times, 1996 amendment water quality standards, single most significant federal law enacted affecting the quality of the nation's water, objective was to restore and maintain the chemical, physical and biological integrity of the nation's water
Safe drinking water act
(1974) directed EPA to establish minimum national drinking water standards, applied to every community water supply serving 15 or more connections or 25+ people, individual, private wells not covered
National Environmental Policy Act
(1996) water quality is covered under NEPA, requires detailed site assessments for projects impacting the environment that are federally funded or federally permitted, site assessments must include things like description of proposed action, probable impact on the environment, alternatives, unavoidable adverse effects, irreversible commitment of resources
appropriation water laws
(Western states) " first in time is first in right" a water right can be acquired only by acquiring party, diverting the water from the water course and applying it to beneficial use and in accordance with a the date of acquisition, an earlier acquired water right shall have priority over later acquired water rights. Water in excess of that needed to satisfy existing uses is viewed as unappropriated water, available for appropriation and application of the water to a beneficial use
riparian water laws
(typically east of the Mississippi River) the owner of land adjacent to a stream is entitled to receive the full natural flow of the stream undiminished in quantity and unimpaired of quality. the owner had a legal privilege to use water at any time, subject only to limitation that the use is reasonable. the right is a natural right that cannot be transferred sold, or granted to another person as property.
"all waters" includes
- all waters subject to ebb and flow of tide -the Territorial sea -interstate waters and wetlands -all other waters (such as interstate lakes, Rivers, streams and wetlands if their use, degradation, or destruction could affect interstate or foreign commerce -tributarities or wetlands previously id-e -Wetland adjacent to waters previously identified
What is the "Rule of Capture"?
-A landowner can extract as much of the groundwater underlying their land as they want -No restrictions on pumping, even if it affects water availability or pumping costs for neighboring farms -Right to capture is prevalent across the US -Has led to water disputes and shortages in Texas and elsewhere
Clean Water Act National goals
-Eliminate discharge of pollutants to surface water by 1985 -All waters will be "fishable and swimmable" wherever attainable by 1983
How do Rule of Capture and Tragedy of the Commons relate?
-Externalities arise from inefficient groundwater extraction -No reflection of user cost in extraction decision -Consumption today can reduce availability of groundwater for neighbors -Or drive up costs -Can lead to "Cones of depression" -Groundwater quality degradation
How do we "value" water consumption?
-In agriculture, we can use production function relationships and output price assumptions Similar methods can be used for industry and energy Ricardian rent approach -For households, we can estimate demand parameters for household water consumption -For instream flows and other ecosystem services, use non-market valuation -For energy- -Value of consumptive water use in energy generation -Value of stored water or water flow (non-consumptive) in hydropower generation
Optimal Intertemporal Allocation of Groundwater: in dynamic setting, want to...?
-In dynamic setting, want to maximize the total present value of water use -set allocation at Q** where the marginal present value of water is the same in both periods -Optimal price for water in year 1 is P1, where MV1 = MV2/(1=r) -Optimal price for in year 2 is P1 x (1+r) -Present value of Year 2 price is P1
Water Quality - Designated Uses+
-Must be assigned to every water body; generally assigned to segments -Must include aquatic life, wildlide and recreation (basic CWA goals) -Must protect downstream waters -Must protect all exist uses
Water Quality Criteria
-Numbers and/or words that describe conditions protective of a designated use -Protection of different characteristics Chemical - metal and pesticides Physical - temperature, sediment Biological - biocriteria, biological conditions of a waterbody, compared to reference site
4 reasons water quality regulations are important
1.) avoiding conflicts among water users 2.) minimizing public health risks of certain chemical and biological pollutants 3.) protecting the environment 4.) preventing conditions that lessen the recreation and aesthetic value of water bodies
7 factors that influence water policy
1.) politics 2.) public values 3.) available window 4.) community fragmentation 5.) capacity 6.) interests 7.) economics
In Alabama, streams are classified based on their maximum beneficial use for what 5 things?
1.) public drinking water supplies 2.) propagation of fish and wildlife 3.) recreation activities 4.) industrial and agriculture water sources 5.) navigation
Disputes over water rights have been settled by what 3 different methods?
1.) warfare, 2.) court cases/legislation 3.) mutual agreements
BATEA
Best available technology economically available
BAT
Best available treatment technology
Relation to ground-water quality (section 319 1987)
CWA specifically requires states to select BMPs, taking into account the best practices for ground water.
What are some examples of water conflicts globally?
China- India: The Brahmaputra River Provides a primary source of irrigation supply to arid regions in India and Bangladesh China is investing heavily in hydropower dams upstream, raising concerns that this will reduce water flow downstream. Ethiopia-Egypt: Grand Ethiopian Renaissance Dam and the Nile River Ethiopia invested heavily in this mega-dam project on the Blue Nile Egypt argues it is still owed 2/3 of the BN flow from previous treaties
1972
Clean Water Act
1966
Clean Water Restoration Act
CFR
Code of federal regulations
when was EPA founded?
December 2nd, 1970
Iowa specific laws
Developed requirements for all confined feedlots that apply to all open feedlots exposed to rainfall and to total confinement facilities where precipitation is not a facto
pollution prevention
Device, process, or strategy used to prevent a potential pollutant from forming or entering the environment or to sharply reduce the amount entering the environment.
Riparian doctrine
Eastern (humid) states, landowners adjacent to water resources have right to use water, water must be returned undiminished in quality and quantity, allows for "Reasonable" use which does not harm downstream users, primary basis for water allocation in 31 states,
policy imperatives
Equity irreversible impact regulations and statutes acceptance
The water quality act (clean water act) of 1987 - Section 402
Establishes the permit program for discharges of pollutants from point sources. Requires an NPDES permit for separate storm sewers.
1948
Federal Water Pollution Control Act
1956
Federal Water Pollution Control Act
How do you maximize the present value of the natural capital stock?
Maximize the present value of the natural capital stock by maximizing the future flows of ecosystem services it provides -Encourage high valued uses of the ecological end-products -Discourage low valued uses -Balance the value of present vs. future uses
MET
Maximum extent practicable
Section 404 of the Clean Water Act
NPDES permits - regulate filling and draining of wetlands.
NPDES
National Pollution Discharge Elimination System
What can water resources be thought of?
Natural Capital
irreversible impact
No actions may be permitted that would irreversibly harm the environment and natural resources.
1899
Refuse Act (also known as Rivers and Harbors)
What main things did the CWA accomplish?
Requires that streams and other water bodies be classified according to use categories 1. the regulation of discharges of point sources. 2. the regulation of oil spills and other hazardous substances 3. financial assistance for wastewater treatment plant construction
What are sources of water allocation inefficiency?
Restrictions on Transfers -If property rights are well-defined, efficiency will result from the direct transferability of rights. -The existing system limits the transferability and results in inefficiencies. -The "use-it-or-lose-it" exacerbates the inefficiency since there is no incentive to conserve. -The preferential-use doctrine gives certain uses the highest priority for allocation during shortage regardless of the marginal net benefit of that use. -Small amount of water withdrawn from a stream also causes difficulty. Domestic consumption -Water is often under priced -Public water utilities often use average cost pricing methods, not marginal costs -Utilities must weigh equity concerns with sustainability/scarcity and revenue concerns -This price does not reflect the economic value of the resource -Can lead to over-consumption -Quick board example Federal Reclamation Projects and Agricultural Water Pricing -The federal government has subsidized many water projects even when the project failed a benefit-cost analysis . -The pricing of the subsidized water also leads to inefficiencies. Industrial Water Pricing -Efficient pricing requires price to equal marginal cost. -Low prices leads to a significant amount of waste. Instream Flows -Conflicts between instream use and off-stream use is not uncommon. -Nonmarket resources compete with agricultural users creating conflicts. -Currently instream flow rights do not exist in many states. Common Property or Open-Access Problems -Many users can create an open access problem. -Pumping costs will rise too rapidly. -Future users will carry the larger burden.
What is the riparian rights?
Riparian rights allocate the right to use water to the owner of the land adjacent to the water. Popular in the Eastern US
What is declining block rate structure?
The cost per unit of consumption under a declining block rate structure decreases with additional units of consumption
What is uniform rate structure?
The cost per unit of consumption under a uniform rate structure does not increase or decrease with additional units of consumption.
What is inverted block rate structure?
The cost per unit of consumption under an inverted block rate structure increases with additional units of consumption
What has the federal role in water resources been?
The federal role in water resources has been very large. The Reclamation Act of 1902
what does section 101(a) of the CWA state
The objective of this Act is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.
What is the prior appropriation doctrine?
The prior appropriation doctrine allows the transfer of water away from the stream for beneficial use ("use-it-or-lose-it"). -Water rights are rights to use, not rights to own. -Rights were often established long ago
What can the value of a firms *physical capital* be represented by?
The value of a firm's physical capital can be represented by the present value of the net income (NI) (profit) stream it generates
The value of a natural capital stock can be represented by?
The value of a natural capital stock can be represented by the present value of its present and future stream of ecosystem services (including services provided by water resource consumption)
Optimal water allocation: how to maximize total value?
To maximize total value, set the allocation at Q* where the marginal value of water to agriculture is equal to the marginal value to households Optimal price for water is also equal to the marginal values at Q*
What was the objective of the Clean Water Act
To restore and maintain the chemical, physical and biological integrity of the Nation's waters
Can Economics or Effective Policy Help Resolve Water Conflict?
Using economics and concepts of integrated water resources management, we can evaluate desirable allocations of water from transboundary systems -This can help inform negotiations for new or revised treaties Economics can help determine appropriate levels of compensation for riparians that are harmed by upstream management choices or infrastructure investments E.g., Baker and Willis, 2006
Section 303
WQ standards and implementation
1965
Water Quality Act
What are some potential solutions to institutional inefficiencies?
Water Transfers, Water markets and Water Banks Relaxing "use-it-or-lose-it" restriction would encourage conservation and allow water to move to higher valued uses by allowing owners to sell conserved water. Water markets and water banks are being increasingly utilized to treat both inefficiencies and scarcity in the short term or on a long-term basis. Instream Flow Protection -Attempts to protect instream water uses must confront two problems. First, the demand for instream rights will be inefficiently low. Second, their use to protect instream flows may not be considered "beneficial use". Water Prices Pricing reform by the elimination of subsidies would also reduce inefficiencies. Water conservation and various charge rate structure
What is the diamond water paradox?
Water is essential to human existence, but is not priced accordingly... Diamonds only offer aesthetic benefits, yet are incredibly valuable on the market
what did the clean Water act amendments of 1977 do?
a major revision in the law allowed EPA to add or remove toxic materials without first receiving a formal hearing. new deadlines were included for meeting the point source abatement requirements stipulated by the act.
Margin of Safety
a reserve, set aside to account for error and uncertainty
criterion
a scientific quantity upon which a judgement is based
Management policy
a set of one or more tools chosen to achieve an overall environmental objective. an action taken in the hopes of achieving a particular result.
management tool
a single element, like effluent standard, enforcement technique, zoning restriction, devised to achieve a specific result or sometimes several results.
pollutor pays principle (ppp)
bear the primary responsibility for pollution and it's abatement
What are the adverse effects of a policy?
cost of implementation, cost inposee on participating parties) But the expected results will produce beneficial effects
How did the clean water act deal with non-point source pollution?
dealt with non-point source pollution much different because states were required to asses problems and establish management plan (BMP), major issues developed because states did not communicate with each other (directly gave rise to Illinois river controversy between AR and OK-dissimilar management plans)
How did the clean water act deal with point source pollution?
dealt with point source pollution by setting effluent limitations and permitting, National Pollution Discharge Elimination System (NPDS) permits
Section 208 of the original CWA 1972
enacted a landuse planning process. not very effective. Congress gave an incentive to the development of state and areawide water Quality management plans that would include all sources of pollution and water quality degradation. in the original, incentives were in place for point sources - but not urban storm water and other diffuse sources currently defined as point sources ) while no enforcement tools were available for non point. after plans were completed they were not pursued after intial release and the effort never fully achieved it's potential.
what does an npdes permit do for point sources?
establishes specific effluent limitations and specifies compliance schedules that must be met by the discharger. it also requires compliance with more stringent state and local laws. most important tool for implementing the polluter pays principle
Section 303(d) of the Clean Water Act
establishes that states have to meet Total Maximum Daily Loads (TMDL) for a number of pollutants including fecal bacteria.
what are the beneficial effects of a policy?
improved environmental quality, lower cleanup cost, increased benefits to users.
if pollution discharge is causing harm to a navigable body of water
it can be regulated and/or restricted by the federal government.
Statutory Law
legislation concentrated on protecting water quality for public health reasons (Clean Water Act), only recently have other aspects of water quality been regulated
regulations and statutes
need these due to the failure of the free market to control the quality of the environment and protect the resources
equity
no group should bear disproportionate cost in meeting environmental quality requirements. levels of environmental quality chosen should be such that no additional benefit can be derived without making one group or individual worse off
technology standards (also known as effluent standards)
not directly related to water quality, though generally apply to all sources within various source categories. most of these standards require the mandatory application of certain technologies.
Other elements of doctrine of prior appropriations
ownership of land gives no right to use the water, water flowing in a stream in its natural condition is held in trust by the state, applied to rivers and lakes, excluded most groundwater, no limitation on the place of use, water rights could be lost if not put to beneficial use (can't just fill up the lake in your backyard), seniority protects water quality and quantity
Statutory law
passed to define responsibility in courts (proactive)
background
pollution load that would be there anyway
Load Allocations
portion of pollutant loading capacity allocated to nonpoint sources discharges
Wasteload Allocation
portion of pollution loading capacity allocated to point source discharges
ecological-toxicological or receiving water standards
protect human health as well as fish and aquatic life
Like physical capital (machinery, infrastructure, equipment) water resources are real assets that do what?
provide flows of services to humans can be augmented by human "investment" can depreciate through human use
Acceptance
regulated community must concur that they will, by and large obey the regulations.
The water quality act (clean water act) of 1987 - Section 404
regulates the discharge of dredged and fill materials into the waters of the US and est. a permit program to ensure that such discharges comply with env. reg.
what did the EPAS control strategy for CSOs entail
relies on NPDES permit system - aims at bringing all CSO discharges into compliance with the technology based requirements of the CWA and applicable state standards. and to minimize impact on water quality, biota, and human health impact
The water quality act (clean water act) of 1987 - Section 319
requires the state to prepare State Nonpoint Source Assessment Reports and encouraged states to develop and implement management programs in order to be eligible for federal funds. the management plans developed in the 319 program are now part of the state's water quality management agenda.
Common law
results from decisions made over time to settle disputes (reactive)
Reasonable rights principle
riparian land owner can divert and use only quantity of water as long as it does not interfere with that of another riparian owner
Storm water (separate sewers). regulations
seek to est. NPDES permit requirements for: -storm water discharges associated with industrial activity -discharges from large separate storm sewer systems (serving pop >250,000) -discharges from medium municipal separate storm sewer systems (serving pop >100,000 but <250,000)
what did the refuse act do?
stated that it was unlawful to place any material except sewage and runoff, into a navigable water or tributary without a permit. in the absence of meaningful legislation until 1972, this statute was used in the 60s and 70s to control pollution from industrial sources, though the intent was to protect navigation and not water quality.
what did the water pollution control act do?
the act and it's amendments authorized the creation of: - environmental research centers, - established a division of water Pollution -authorized grants to build public treatment plants -gave the federal government authority to abate interstate pollution these laws were in effective in controlling pollution or enforcing abatement.
Dynamic Process for Water Resources: The natural capital stock this year (St) is equal to?
the natural capital stock last year (St-1) plus the natural growth during the year (g) minus the harvest in the year (h) (consumptive use) St = St-1 + gt-ht The natural rate of growth and the extraction rate (ht) both depend on the size of the stock It is harder to withdraw water from depleted aquifers
integrated approach
the pollution problem must be resolved, where you the causes of pollution, all sources, and combined environmental impact are considered, and the resulting combined solutions are therefore most equitable and efficient.
why are water quality standards difficult to enforce?
there is rarely a direct and simple relationship between a pollution discharge and the water quality of the receiving body of water
Correlative rights principle
total flow of water in a stream is stored among riparian owners based on amount of waterfront properties
Water Allocation Law
two basic types- common and statutory; both exist side by side and are important but can be contradictory
Common law tenants
water cannot be owned, individuals only have right to use water, two doctrines that decide who controls water use- appropriative and riparian
Doctrine of prior appropriations
western (Arid) states, "first in time, first in right," people may use water that is not adjacent to them if they are the first to divert/ put to beneficial use, dates back to first settlements (purchasing water rights was common as long as mass balance added up) if not enough water, longest continuous beneficial user gets the water (later user may get none) (sparked settlement of water-short western states)
