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WATER RIGHTS AND WATER RIGHTS AND DYNAMIC WATER DYNAMIC WATER POLICIES POLICIES A Presentation by A Presentation by Roberta Haley Savage Roberta Haley Savage Before the Before the Executive Council Committee on Executive Council Committee on Science, Technology and Faith, Science, Technology and Faith, April 29, 2011 April 29, 2011
Transcript
Page 1: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

WATER RIGHTS WATER RIGHTS AND AND

DYNAMIC WATER DYNAMIC WATER POLICIES POLICIES

A Presentation by A Presentation by

Roberta Haley SavageRoberta Haley Savage

Before the Before the

Executive Council Committee on Executive Council Committee on Science, Technology and Faith, April 29, Science, Technology and Faith, April 29,

20112011

  

Page 2: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

IntroductionIntroduction

All life is interconnected and the All life is interconnected and the survival of humanity is dependent on a survival of humanity is dependent on a healthy ecosystem.healthy ecosystem.

Even so, we tend to treat our natural Even so, we tend to treat our natural resources as commodities to be bought resources as commodities to be bought and sold. and sold.

Page 3: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

IntroductionIntroduction With our busy lives, it easy to dismiss the With our busy lives, it easy to dismiss the

world around us and to think only about world around us and to think only about what we want or need.what we want or need.

The earth cannot continue to accept the The earth cannot continue to accept the environmental insults of our modern environmental insults of our modern society.society.

It’s time to develop an integrated national It’s time to develop an integrated national water policy based on science, technology, water policy based on science, technology, personal ethics and spiritual awareness. personal ethics and spiritual awareness.

Page 4: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water and Faith Water and Faith

Water courses throughout most Holy Water courses throughout most Holy Books and those who wrote the Bible, Books and those who wrote the Bible, lived - for the most part- in the desert, lived - for the most part- in the desert, so were keenly aware of the so were keenly aware of the importance/scarcity of water. importance/scarcity of water.

Job 12:15 - If he holds back the waters, there is drought; if he lets them loose, they devastate the land.

Page 5: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water & FaithWater & Faith

Psalm 65:9-10

You care for the land and water it; you enrich it

abundantly. The streams of God are filled with

water to provide the people with grain, for so you

have ordained it. You drench its furrows and level

its ridges; you soften it with showers and bless its

crops.

Isaiah 58:11

….you will be like a watered garden, Like a flowing stream whose waters never run dry.

Page 6: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

The Water EnvironmentThe Water Environment Water is continually Water is continually

recycled. recycled.

The sun is the power The sun is the power pump that keeps it pump that keeps it moving through the moving through the hydrologic cyclehydrologic cycle

Water can take many Water can take many different routesdifferent routes

Oceans cover ¾ of the earthOceans cover ¾ of the earth

• Most of the water that goes into the air rises from the Most of the water that goes into the air rises from the oceansoceans

• Most of it falls back into the ocean, some falls to the land Most of it falls back into the ocean, some falls to the land where it is used by living things, seeps into the ground, where it is used by living things, seeps into the ground, fills the lakes, runs into rivers and streams and fills the lakes, runs into rivers and streams and evaporates.evaporates.

Page 7: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

The Water EnvironmentThe Water Environment The amount of water on The amount of water on

the earth is the same but the earth is the same but changes forms (rain, changes forms (rain, snow, ice, salt and fresh)snow, ice, salt and fresh)

The hydrologic cycle The hydrologic cycle does not distribute water does not distribute water evenly around the earth. evenly around the earth.

Rain falls more Rain falls more frequently in areas frequently in areas closer to the equator. closer to the equator.

Drought = low precipitation, groundwater levels dropDrought = low precipitation, groundwater levels drop

Flood = large amounts of water fall in a short timeFlood = large amounts of water fall in a short time

Page 8: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water History - SupplyWater History - Supply

2000 BC – first wells dug by Chinese & 2000 BC – first wells dug by Chinese & Egyptians Egyptians

Rise of Roman EmpireRise of Roman Empire

•shifted emphasis to a system of shifted emphasis to a system of aqueducts and cisterns aqueducts and cisterns

•~260 miles of aqueducts brought 200 ~260 miles of aqueducts brought 200 million gallons of water to Rome each million gallons of water to Rome each dayday

Page 9: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water History - PurificationWater History - Purification

For centuries, people have tried to For centuries, people have tried to remove debris from drinking waterremove debris from drinking water

•Ancient Egyptians water purification:Ancient Egyptians water purification:• boiling water in copper vesselsboiling water in copper vessels• exposure to sunlightexposure to sunlight• filtering it through charcoalfiltering it through charcoal• cooling and settling it in earthen jarscooling and settling it in earthen jars

•US – Chlorination was first used in 1908 US – Chlorination was first used in 1908 • to destroy harmful bacteria in drinking water to destroy harmful bacteria in drinking water

suppliessupplies

Page 10: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water UseWater Use

Water management is multi-objective:Water management is multi-objective: Municipal Water SupplyMunicipal Water Supply

RecreationRecreation

TransportationTransportation

Economic developmentEconomic development

Flood controlFlood control

HydropowerHydropower

Health and safetyHealth and safety

Agricultural Purpose/ Livestock wateringAgricultural Purpose/ Livestock watering

Protection of endangered speciesProtection of endangered species

Spiritual and cultural rites and ritualsSpiritual and cultural rites and rituals

Page 11: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water UseWater Use

For more than 35 years we have For more than 35 years we have been implementing programs, been implementing programs, gathering data and reporting on gathering data and reporting on our progress. our progress.

Even so more than 50% of our Even so more than 50% of our nation’s waterways are pollutednation’s waterways are polluted

Societal equity and ownership in Societal equity and ownership in environmental resource environmental resource management is pivotal to any management is pivotal to any discussion of water policy.discussion of water policy.

Page 12: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water UseWater Use

States own the water and have the States own the water and have the authority to give those water rights away authority to give those water rights away to individuals.to individuals.

This distribution scheme often causes This distribution scheme often causes societal inequity because of this traditional societal inequity because of this traditional interpretation of water ownership.interpretation of water ownership.

Many suggest that it’s time to rethink this Many suggest that it’s time to rethink this policy to bring “We the People” back into policy to bring “We the People” back into the water policy discourse.the water policy discourse.

Page 13: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

US Water PolicyUS Water Policy

Rivers and Harbors Appropriations Rivers and Harbors Appropriations Act of 1890Act of 1890

focused on preventing and removing obstructions focused on preventing and removing obstructions to navigation by prohibiting the place of fill or to navigation by prohibiting the place of fill or other alterations in navigable channels without other alterations in navigable channels without the permission of the Secretary of War.the permission of the Secretary of War.

TheThe Rivers and Harbors Rivers and Harbors Appropriation Act of 1899Appropriation Act of 1899

further ensured safe navigation in navigable further ensured safe navigation in navigable waters by prohibiting the construction of any waters by prohibiting the construction of any bridge, dam, dike, causeway, wharf, pier, jetty, bridge, dam, dike, causeway, wharf, pier, jetty, etc. without Congressional approval. etc. without Congressional approval.

Page 14: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

US Water PolicyUS Water Policy

TheThe Rivers and Harbors Act of 1938Rivers and Harbors Act of 1938

broadened the scope of the Secretary of the Army and broadened the scope of the Secretary of the Army and Chief of Engineers’ responsibility in conducting Chief of Engineers’ responsibility in conducting Federal investigations and improvements by Federal investigations and improvements by specifying that wildlife conservation be given “due specifying that wildlife conservation be given “due regard”regard”

TheThe Water Pollution Control Act of 1948 Water Pollution Control Act of 1948

emphasized assistance for municipal wastewater emphasized assistance for municipal wastewater treatment facilities, research on industrial water treatment facilities, research on industrial water pollution and last resort federal enforcement of pollution and last resort federal enforcement of pollution discharge problems.pollution discharge problems.

Page 15: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

US Water PolicyUS Water Policy

TheThe 1956 Federal Water Pollution 1956 Federal Water Pollution Control ActControl Act

Rxtended the Federal role in providing financial Rxtended the Federal role in providing financial support for the construction of wastewater support for the construction of wastewater treatment works.treatment works.

TheThe Federal Water Pollution Federal Water Pollution Control Act of 1961 Control Act of 1961

Raised the cap on construction grants. Raised the cap on construction grants.

Page 16: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

US Water PolicyUS Water Policy

TheThe Water Quality Act of 1965Water Quality Act of 1965

created the Federal Water Pollution Control created the Federal Water Pollution Control Administration within the Department of Health, Administration within the Department of Health, Education and Welfare and brought about the Education and Welfare and brought about the mandate for water quality mandate for water quality

TheThe Clean Water Restoration Act of 1966Clean Water Restoration Act of 1966

increased the federal contribution for wastewater increased the federal contribution for wastewater treatment. This act also required that each State treatment. This act also required that each State planning agency receiving a grant develop a planning agency receiving a grant develop a comprehensive pollution control plan for each comprehensive pollution control plan for each watershed basin. watershed basin.

Page 17: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Environmental OutcryEnvironmental Outcry Rachel Carson – Rachel Carson – Silent SpringSilent Spring

(1962)(1962) A revolutionary treatiseA revolutionary treatise

warned the public about the long-term warned the public about the long-term effects of misusing pesticides.effects of misusing pesticides.

challenged the practices of agricultural challenged the practices of agricultural scientists and the governmentscientists and the government

called for a change in the way called for a change in the way humankind viewed the natural world. humankind viewed the natural world.

8 years later, a nationwide public 8 years later, a nationwide public protest of US environmental policy protest of US environmental policy was held – this became was held – this became Earth DayEarth Day

Page 18: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Clean Water Policy Clean Water Policy

Congressional Water Hearings Found That:Congressional Water Hearings Found That:

Many navigable waters were severely pollutedMany navigable waters were severely polluted

Major waterways near industrial and urban areas were unfit for most Major waterways near industrial and urban areas were unfit for most

purposespurposes

Rivers were the primary sources of pollution in coastal waters and the oceansRivers were the primary sources of pollution in coastal waters and the oceans

Many lakes and confined waterways were aging rapidly under the impact of Many lakes and confined waterways were aging rapidly under the impact of

increased pollutionincreased pollution

Rivers, lakes and streams were being used to dispose of man’s wastes rather Rivers, lakes and streams were being used to dispose of man’s wastes rather

than to support man’s life and healththan to support man’s life and health

The use of any river, lake, stream or ocean as a waste treatment system was The use of any river, lake, stream or ocean as a waste treatment system was

unacceptableunacceptable

Page 19: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Clean Water PolicyClean Water Policy

July 1970 – President Nixon creates EPA by Executive July 1970 – President Nixon creates EPA by Executive

OrderOrder

October 18, 1972 – The Federal Water Pollution Control October 18, 1972 – The Federal Water Pollution Control

Act Amendments of 1972 was enacted over a Presidential Act Amendments of 1972 was enacted over a Presidential

Veto.Veto.

Set three broad goals:Set three broad goals:

• the biological integrity of receiving watersthe biological integrity of receiving waters

• the maximum use of available technologythe maximum use of available technology

• the ultimate goal of zero dischargethe ultimate goal of zero discharge

Page 20: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Clean Water ActClean Water Act

Banned unlawful discharge of pollution to US watersBanned unlawful discharge of pollution to US waters

• ““fishable” and “swimmable” by 1983fishable” and “swimmable” by 1983

• Zero discharge by 1985Zero discharge by 1985

• Preservation of natural habitat and other Preservation of natural habitat and other

wildlifewildlife

Page 21: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Clean Water ActClean Water Act

Congress revised and expanded the 1972 Clean Congress revised and expanded the 1972 Clean Water Act in 1977, 1981 and 1987. Water Act in 1977, 1981 and 1987.

The statute now includes provisions to address:The statute now includes provisions to address:

• Point source pollution Point source pollution

• Non-point source pollutionNon-point source pollution

• Marine ecology (oceans, estuaries, wetlands)Marine ecology (oceans, estuaries, wetlands)

• Toxic pollutant controlsToxic pollutant controls

• Groundwater protection Groundwater protection

Page 22: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Clean Water Act Clean Water Act

RRequirements of the Clean Water Act equirements of the Clean Water Act include:include:

Water Quality Criteria and StandardsWater Quality Criteria and Standards

Waste Load Allocations (WLA)Waste Load Allocations (WLA)

Load Allocation (LA)Load Allocation (LA)

Permitting though the National Pollutant Discharge Permitting though the National Pollutant Discharge Elimination SystemElimination System

Effluent Limitations and Guidelines (ELGs)Effluent Limitations and Guidelines (ELGs)

Total Maximum Daily Loads (TMDLs)Total Maximum Daily Loads (TMDLs)

Best Available Technologies (BATs)Best Available Technologies (BATs)

Best Management Practices (BMP’sBest Management Practices (BMP’s) )

Page 23: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water Resources Development ActWater Resources Development Act

Water Resources Development Act Water Resources Development Act of 1986of 1986

•33 U.S.C. §§ 2201-233033 U.S.C. §§ 2201-2330

•November 17, 1986 (Amended 1988, 1990, November 17, 1986 (Amended 1988, 1990, 1992, 1995, 1996),1992, 1995, 1996),

•Authorizes construction or study of 270 US Authorizes construction or study of 270 US Army Corps of Engineers projects,Army Corps of Engineers projects,

•Contains provisions covering all features of Contains provisions covering all features of water resources development and planning water resources development and planning (costs, environmental assessment, (costs, environmental assessment, mitigation requirementsmitigation requirements). ).

Page 24: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water Resources Development ActWater Resources Development Act

Water Resources Development Act of Water Resources Development Act of 20052005

•Senate Bill 728 [109th Congress]Senate Bill 728 [109th Congress]

•To provide for consideration and To provide for consideration and development of water and related development of water and related resourcesresources

•To authorize the Secretary of the Army to To authorize the Secretary of the Army to construct various projects for construct various projects for improvements to rivers and harbors of the improvements to rivers and harbors of the United States, and for other purposes.United States, and for other purposes.

•This bill never became law.This bill never became law.

Page 25: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Western Water PolicyWestern Water Policy

Water Scarcity Water Scarcity - In the western - In the western part of the US created a water part of the US created a water allocation scheme vastly different allocation scheme vastly different from those that exist in the east. from those that exist in the east. Water rights are established by Water rights are established by actual use of the water, and actual use of the water, and maintained by continued use and maintained by continued use and need. need.

Page 26: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Western Water Policy Western Water Policy

While each state has its own unique While each state has its own unique case and statutory law, the basic case and statutory law, the basic system applied in most western states system applied in most western states is based on the public ownership of is based on the public ownership of water, the prior appropriation doctrine, water, the prior appropriation doctrine, and the law prohibiting “waste and and the law prohibiting “waste and unreasonable use.”unreasonable use.”

Page 27: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Western Water Policy Western Water Policy

The primary tenant of water law in the The primary tenant of water law in the western United States is ownership of western United States is ownership of the water by the people. the water by the people.

For example, California Water Code For example, California Water Code section 102 provides that “All water section 102 provides that “All water within the state is the property of the within the state is the property of the people of the state, but the right to the people of the state, but the right to the use of water may be acquired by use of water may be acquired by appropriation in the manner provided by appropriation in the manner provided by law. “law. “

Page 28: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Western Water PolicyWestern Water Policy

Water rights are treated similarly Water rights are treated similarly to rights to real property (e.g. can to rights to real property (e.g. can be conveyed, mortgaged, and be conveyed, mortgaged, and legally encumbered).  legally encumbered). 

The use of water is independent of The use of water is independent of the land on which it is used or the land on which it is used or originates.originates.  

Page 29: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Western Water PolicyWestern Water Policy

Doctrine of Prior AppropriationDoctrine of Prior Appropriation

• dictates the use of water in most western states, dictates the use of water in most western states,

• provides that no one may own the water in a provides that no one may own the water in a

stream,stream,

• all persons, corporations, and municipalities have all persons, corporations, and municipalities have

the right to use the water for beneficial purposes,the right to use the water for beneficial purposes,

• allocation of water is based on "first in time, first in allocation of water is based on "first in time, first in

right," meaning that the first person to use water right," meaning that the first person to use water

acquires the water rightacquires the water right..

Page 30: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Western Water Rights Western Water Rights

Types of Water Rights –Types of Water Rights –

Direct flow right = measured in terms Direct flow right = measured in terms

of a rate of flow, and of a rate of flow, and

Storage water right = measured in Storage water right = measured in

terms of volume. terms of volume.

Page 31: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Western Water RightsWestern Water Rights Acquisition of Water RightsAcquisition of Water Rights

• to create a water right, an appropriation is madeto create a water right, an appropriation is made

• appropriations = diversion of water and its appropriations = diversion of water and its

application to a beneficial use,application to a beneficial use,

• diversion = removing water from its natural diversion = removing water from its natural

course or location, or controlling water that course or location, or controlling water that

remains in its natural course.remains in its natural course.

Page 32: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Western Water RightsWestern Water Rights

Concern Concern

•Farmers receive no benefit or Farmers receive no benefit or

compensation from water compensation from water

conservation and there is a “use it or conservation and there is a “use it or

lose it” mentality. Given water lose it” mentality. Given water

shortages in the west, a new, shortages in the west, a new,

equitable approach needs to be found.equitable approach needs to be found.

Page 33: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water and Changing Climate Water and Changing Climate

About 1/3 of the world’s population live in About 1/3 of the world’s population live in countries suffering from moderate-to-high countries suffering from moderate-to-high water stress e.g. where water water stress e.g. where water consumption is more than 10% of consumption is more than 10% of renewable freshwater resources. renewable freshwater resources.

In the mid 1990’s some 80 countries In the mid 1990’s some 80 countries (about 40% of the world’s population) were (about 40% of the world’s population) were suffering from serious water shortages. suffering from serious water shortages. And estimates are that in less than 25 And estimates are that in less than 25 years, 2/3 of the world’s people will be years, 2/3 of the world’s people will be living in water stressed countriesliving in water stressed countries..

Page 34: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water and Changing ClimateWater and Changing Climate

Here in Utah the Salt Lake Tribune Here in Utah the Salt Lake Tribune reported on April 26, 2011 that “The reported on April 26, 2011 that “The Colorado River Basin will likely lose Colorado River Basin will likely lose about 9% of its annual runoff by mid-about 9% of its annual runoff by mid-century because of a warming century because of a warming climate.”climate.”

This is expected to result in a predicted This is expected to result in a predicted 8.5% reduction in water supply in 8.5% reduction in water supply in Upper Colorado Basin, including Salt Upper Colorado Basin, including Salt Lake CityLake City. .

Page 35: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water and Changing Climate Water and Changing Climate

More than a half-billion people currently More than a half-billion people currently live in regions prone to chronic drought. live in regions prone to chronic drought.

By 2025, that number is likely to have By 2025, that number is likely to have increased at least fivefold, to 2.4-3.4 increased at least fivefold, to 2.4-3.4 billion.billion.

Major factors causing increasing water Major factors causing increasing water demand over the past century include, demand over the past century include,

1.1. Population growthPopulation growth

2.2. Industrial developmentIndustrial development

3.3. Expansion of irrigated agricultureExpansion of irrigated agriculture

Page 36: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

By the year 2025, as much as two-thirds of the world population may be subject to moderate to high water stress

Note: water stress is defined as follows:

Low = less than 10% of total available is withdrawn

Moderate = 10-20% of total available is withdrawn

High = more than 40% of total available is withdrawn

Page 37: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water and Changing ClimateWater and Changing Climate

The earth’s climate has always fluctuated, with The earth’s climate has always fluctuated, with periods of sustained warming and cooling. periods of sustained warming and cooling.

Over thousands of years, changes in Over thousands of years, changes in atmospheric conditions have caused climate atmospheric conditions have caused climate change (e.g. gas concentrations, natural change (e.g. gas concentrations, natural events such as volcanic eruptions) . With that events such as volcanic eruptions) . With that said, most scientists agree the world appears said, most scientists agree the world appears to be in a sustained and rapid period of to be in a sustained and rapid period of warming. warming.

Page 38: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water and WarWater and War

People’s need for sustenance and sustainable water collide People’s need for sustenance and sustainable water collide

with global markets and corporate interests. with global markets and corporate interests.

This global “tug of war” for water is intimately connected to This global “tug of war” for water is intimately connected to

modernity, social justice, democratization, private ownership modernity, social justice, democratization, private ownership

vs. public resources, and the fight for self-determination. vs. public resources, and the fight for self-determination.

Creating a national and ultimately a global water budget and Creating a national and ultimately a global water budget and

finding the balance between need, want, fairness and survival finding the balance between need, want, fairness and survival

is a role tailor-made for the community of believers. is a role tailor-made for the community of believers.

Page 39: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water and WarWater and War Ismail Serageldin, vice president Ismail Serageldin, vice president

of the World Bank (1995):of the World Bank (1995):

““If the wars of this century were If the wars of this century were fought over oil, the wars of the next fought over oil, the wars of the next century will be fought over water.” century will be fought over water.”

These conflicts are already taking These conflicts are already taking place, often camouflaged as ethnic place, often camouflaged as ethnic and religious battles.and religious battles.

President Carter:President Carter:

““The majority of wars fought on this The majority of wars fought on this planet find their origins in the planet find their origins in the ownership of water. Water: who ownership of water. Water: who has it, who needs it, who wants it has it, who needs it, who wants it and who can get it, is often at the and who can get it, is often at the root of the conflict” root of the conflict”

Page 40: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Water BudgetWater Budget

The US uses The US uses Total Maximum Daily LoadTotal Maximum Daily Load (TMDL) to (TMDL) to

create our water pollution budget. create our water pollution budget.

Authorized in the Clean Water Act since 1972, but Authorized in the Clean Water Act since 1972, but

virtually ignored till the mid-1980’s.virtually ignored till the mid-1980’s.

Litigation against the EPA in the 1990’s kick-started Litigation against the EPA in the 1990’s kick-started

the program and the courts upheld that \TMDL the program and the courts upheld that \TMDL

calculations should form the basis for performance calculations should form the basis for performance

measures for both point and non-point source clean-measures for both point and non-point source clean-

up activities. up activities.

Page 41: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Total Maximum Daily LoadsTotal Maximum Daily Loads Comprised of: Comprised of:

• Waste load allocations (sum of point sources) Waste load allocations (sum of point sources)

• Load allocations (sum of non-point sources & background Load allocations (sum of non-point sources & background

pollutant levels)pollutant levels)

• Margin of safety (reflects uncertainty)Margin of safety (reflects uncertainty)

Critical elements of meaningful TMDLs:Critical elements of meaningful TMDLs:

• Credible water standards & Comprehensive water Credible water standards & Comprehensive water

monitoringmonitoring

• Must be supported by technically defensible water Must be supported by technically defensible water

quality standardsquality standards

Page 42: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Future OptionsFuture Options

Water Marketing Water Marketing - Many - Many economists and water purveyors economists and water purveyors believe that water markets are believe that water markets are the solution to water allocation the solution to water allocation problems, but there is little problems, but there is little agreement about what a water agreement about what a water market should really look like. market should really look like.

Water resource experts are Water resource experts are actively pursuing the concepts actively pursuing the concepts of water marketing and of water marketing and investigating the potential trades. investigating the potential trades.   

Page 43: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Future Options Future Options

Asset Management Asset Management - - Asset management is a Asset management is a

business process and a decision-making framework business process and a decision-making framework

that covers an extended time horizon, draws from that covers an extended time horizon, draws from

economics as well as engineering, and considers a economics as well as engineering, and considers a

broad range of assets.broad range of assets.

Asset management approaches incorporate the Asset management approaches incorporate the

economic assessment of trade-offs among alternative economic assessment of trade-offs among alternative

investment options and uses this information to help investment options and uses this information to help

make cost effective investment decisions. make cost effective investment decisions.

Page 44: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Future OptionsFuture Options

Emissions Trading Emissions Trading - - Environmental credits Environmental credits

generated through land-use changes. Most generated through land-use changes. Most

successful water quality trades have been point successful water quality trades have been point

sources to point sources. Point to nonpoint source sources to point sources. Point to nonpoint source

trades are more challenging and have great trades are more challenging and have great

potential, especially in terms of nutrient run-off potential, especially in terms of nutrient run-off

reductions. The intent is to meet environmental reductions. The intent is to meet environmental

goals by using market-based incentives to goals by using market-based incentives to

encourage changes in land management practices. encourage changes in land management practices.

Page 45: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Future Options Future Options

Privatization Privatization – Though water is essential for all human life it is – Though water is essential for all human life it is

increasingly becoming a commodity and a great business increasingly becoming a commodity and a great business

opportunity. In the past decade large multinational corporations opportunity. In the past decade large multinational corporations

have assumed control of water supply systems throughout the have assumed control of water supply systems throughout the

world. Some estimate that more than 300 million people in every world. Some estimate that more than 300 million people in every

continent of the world are being served by such systems. continent of the world are being served by such systems.

The results to date have been mixed and many municipal The results to date have been mixed and many municipal

governments in the U.S. and other countries are rethinking their governments in the U.S. and other countries are rethinking their

decisions to turn their water management responsibilities over to decisions to turn their water management responsibilities over to

corporate entities. corporate entities.

Page 46: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Future Options Future Options

Membrane Technology - Membrane Technology - Water utility management is Water utility management is

desirable because it has the potential for minimizing the desirable because it has the potential for minimizing the

physical footprint. Integration of membrane treatment systems physical footprint. Integration of membrane treatment systems

presents a number of challenges, including technical, political, presents a number of challenges, including technical, political,

managerial, operational, and maintenance. Integrating managerial, operational, and maintenance. Integrating

membrane treatment into existing water treatment plants will membrane treatment into existing water treatment plants will

consideration of regulatory compliance, desalination, consideration of regulatory compliance, desalination,

protection against future threats including viruses and chlorine-protection against future threats including viruses and chlorine-

resistant pathogens, reuse applicationsresistant pathogens, reuse applications

or providing high-quality water treatmentor providing high-quality water treatment

Page 47: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Getting to DoneGetting to Done It’s time to move beyond the chatter and It’s time to move beyond the chatter and

“get to done.” “get to done.” This necessitates the creation of This necessitates the creation of

compatible water goals and standards compatible water goals and standards among the states, based on the model among the states, based on the model being implemented by the European Union. being implemented by the European Union.

Standards based on: Standards based on: •sound sciencesound science•comprehensive bio-monitoringcomprehensive bio-monitoring• trends analysis based on credible datatrends analysis based on credible data•development and implementation of total development and implementation of total

maximum daily loads. maximum daily loads.

Page 48: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Getting to DoneGetting to Done

Create an integrated watershed approach for:Create an integrated watershed approach for:• land and waterland and water•point and non-point sourcespoint and non-point sources

•water quantity and quality for surface and water quantity and quality for surface and ground watersground waters

Create a patchwork of participationCreate a patchwork of participation

•public, private and non-governmental public, private and non-governmental organizations. organizations.

• these watershed concepts need to be imbedded these watershed concepts need to be imbedded in statute, regulation and global water policyin statute, regulation and global water policy

Page 49: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Getting to DoneGetting to Done

Results should be measured, documented Results should be measured, documented and made available for public review.and made available for public review.

To develop a comprehensive national - and To develop a comprehensive national - and perhaps someday a global water strategy we perhaps someday a global water strategy we need to reexamine and significantly modify need to reexamine and significantly modify our our

•Water rights and land use policiesWater rights and land use policies

•Growth and development goals, and Growth and development goals, and

•Water use expectationsWater use expectations

Page 50: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Getting to DoneGetting to Done

In the US alone, this will likely require the In the US alone, this will likely require the integration ofintegration of

•The Clean Water ActThe Clean Water Act

•The Safe Drinking Water ActThe Safe Drinking Water Act

•Provisions of the Clean Air ActProvisions of the Clean Air Act

•Provisions of the Water Resources Provisions of the Water Resources Development ActDevelopment Act

Page 51: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Getting to DoneGetting to Done

Integration of our complex and Integration of our complex and convoluted environmental and water convoluted environmental and water resource programs and statutory resource programs and statutory authorities will be no small task, but authorities will be no small task, but the template is there, ANDthe template is there, AND

The Europeans are leading the way.The Europeans are leading the way.

Page 52: WATER RIGHTS AND DYNAMIC WATER POLICIES A Presentation by Roberta Haley Savage Before the Executive Council Committee on Science, Technology and Faith,

Thank you for this Opportunity Thank you for this Opportunity

Roberta (Robbi) SavageRoberta (Robbi) Savage

PO Box 490PO Box 490

Stanardsville, VA 22973Stanardsville, VA 22973

434 985 1802434 985 [email protected]

www.rivannariver.org


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