InfrastructureUSA.org is a non-profit, online community whose mission is to bring together infrastructure experts, industry leaders, government officials and most especially interested citizens, to participate in vigorous conversation and generate action to address the U.S. infrastructure crisis.

THE WATER REPORT

by Barbara Cosens, University of Idaho School of Law (Moscow, ID)

INTRODUCTION

An interbasin transfer of water is the diversion of water from one water source basin to another. How many of these occur depends on the scale one considers. An interbasin water transfer can take place on the scale of a transfer of water from one small stream to another, or to a transfer from water sources draining to the Pacific Ocean to water sources draining to the Gulf of Mexico. Even if you consider only largescale transfers, trillions of gallons of water are transferred among basins each year to serve hundreds of thousands of farmers and millions of municipal residences. As noted by the US Environmental Protection Agency (EPA), in announcing its rule on the National Pollutant Discharge Elimination System and water transfers (discussed below):

Water transfers are administered by various federal, State, and local agencies and other entities. The Bureau of Reclamation administers significant transfers in western States to provide approximately 140,000 farmers with irrigation water. With the use of water transfers, the Army Corps of Engineers keeps thousands of acres of agricultural and urban land in southern Florida from fl ooding in former areas of Everglades wetlands. Many large cities in the west and the east would not have adequate sources of water for their citizens were it not for the continuous redirection of water from outside basins. For example, both the cities of New York and Los Angeles depend on water transfers from distant watersheds to meet their municipal demand. In short, numerous States, localities, and residents are dependent upon water transfers, and these transfers are an integral component of U.S.

Water transfers may become increasingly important in the face of climate change. Scientists now tell us that even if we take measures to reduce emission of greenhouse gases, the delay in effect from past activities means that impacts will be irreversible for the next 1000 years.2 Thus, while reductions in greenhouse gas emissions are important in the long-term, adaptation to climate change will also require a multi-generational focus of our efforts.

It is important to understand at the outset that climate change will not alter the total global volume of water. It will merely redistribute it on both a temporal and spatial scale. To adapt, the question will be — do we move people to water, or do we move water to people? History tells us it will be the latter. The fact that water fl ows, has allowed us to engineer interbasin water transfers to conform to where people live and work. Interbasin transfers have fueled the development of many major cities in the US. Adaptation to climate change is likely to drive greater interest in water transfers. Even now, climate change and population growth in arid regions are leading to new projects.

Efforts to develop major interbasin water transfers, however, face a growing list of state water law requirements, in addition to federal and state environmental law requirements. In contemplating such transfers, it is useful to understand the history of challenges to interbasin transfers. In the case of state water law, this will provide a perspective on why there is increasing scrutiny of application of the “no injury” rule in interbasin transfers from existing agricultural use to municipal use, and also why a growing number of states have adopted “area of origin protection” laws. This historic perspective can help explain what at times may seem to be disproportionate requirements. In the case of federal and state environmental laws, although generally enacted without particular focus on water transfers, the discussion of past challenges to interbasin water transfers under state and federal environmental laws can aid in careful planning to address these issues from the outset. In fact, environmental planning statutes such as the National Environmental Policy Act (NEPA) and its state law equivalents can provide both the information and the public forum to address many issues prior to construction. History informs us that environmental issues will continue to be raised if not addressed in a timely fashion.

This article begins by discussing state water laws, followed by federal and state environmental laws, in the context in which they have been enacted or used. Given the fact that most proposed interbasin transfers move water to high value municipal use, addressing these issues in the environmental compliance and design phases will reduce the likelihood of future costly challenges. A sampling of current proposals for major interbasin water transfers in the United States serves to illustrate both the increasing demand for water for municipal use and the fact that extensive environmental compliance should be undertaken prior to construction.

…………

CONCLUSION
It is very likely that in the face of climate change, reliance on interbasin water transfers to serve municipal needs will not only continue, but will increase. The history of opposition to the impacts of past water transfers, informs us that careful, upfront assessment and design will pay off in the long run. The environmental review and permitting stages offer the appropriate forums to accomplish these tasks.

Download complete article (PDF): NEW ERA OF INTERBASIN WATER TRANSFERS

Also In This Issue:

Delta Decisions in California
Stormwater Management & Contaminated Sediments
Water Briefs

Download complete magazine (PDF): The Water Report, Issue #72

About The Water Report
www.thewaterreport.com
“Water rights, water quality and innovative uses of water resources are increasingly vital issues in the western United States. The Prior Appropriation Doctrine guides western water law and The Water Report — a monthly water news digest for water professionals — covers the battles and changes shaping the future of water law. Water quality of both surface water and groundwater, the laws that govern discharges into the waters of the United States, and the technology being utilized to deal with the challenges are also a focus of The Water Report.”

Tags: agriculture, Alf Brandt, Barbara Cosens, California, California State Assembly, Delta, ID, Idaho, Irrigation, Moscow, National Pollutant Discharge Elimination System, Sacramento, San Joaquin, Sediment, The Water Report, University of Idaho, Water, Water Transfer, Water Transfers

This entry was posted on Monday, March 15th, 2010 at 4:52 pm and is filed under Climate Change, Dams, Drinking Water, Environment, Green, Infra Views, Levees, National, Policy, Wastewater, Water Treatment . You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.