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Adam Reimer Postdoctoral Research Associate W.K. Kellogg Biological Station Michigan State University 1 Webinar Outline  Brief history of U.S. water policy  Major federal water laws and agencies  Ongoing and emerging challenges  Recent policy trends and innovations 2 Overview of Water Policy  Two traditional threads  Water use/ consumption  Water quality  Policy fragmentation  State vs. federal  Increasing:  coordination  landscape-scale management  public involvement  ecosystem restoration  adaptive management 3 4 History  Colonial-1850: local control and     abundance 1850-1900: expansion, transport 1900-1950: water supply infrastructure 1950-1980: Environmental era 1980-2000: Devolution, experimentation, and collaboration 5 6 Clean Water Act (CWA)  Passed in 1972  Two major mechanisms:  Designate uses and WQ standards for waterways  Regulate point sources of pollution  National Pollution Discharge Elimination System (NPDES)—national permitting system 7 Other Federal Laws  Safe Drinking Water Act (SDWA)  Public drinking water standards  Drinking Water State Revolving Fund  Water Resources Development Act (WRDA)  New bill in conference now 8 Water Agencies  U.S. Army Corps of Engineers (USACE)  Traditionally focused on navigation, flood control  Manages 25% of U.S. hydroelectric power  Bureau of Reclamation  Provides water storage for irrigation, drinking water, recreation 9 Water Agencies  Environmental Protection Agency (EPA)  Primary federal agency in charge of water quality  Administers CWA provisions, including:    NPDES List of impaired waters Technical, financial resources for pollution reduction  CWSRF & DWSRF 10 11 Water Supply 12 Water Usage by Sector Municipal supply: residential & commercial uses 4% 3% 1% 1% Power Generation Agriculture 11% 49% Non-domestic Public Supply Industrial 31% Livestock and Aquaculture Mining 2005 USGS data, last year federal estimates are available 13 Water Supply: Surface Water Rights  Three traditional state doctrines  Riparian rights (eastern states)  Water rights part of property  Prior appropriation (western states)  “First in time, first in right”  Hybrid systems (Great Plains & Pacific coast) 14 Water Supply: Groundwater  Groundwater policies disconnected from surface water  Some states combining ground- and surface water policies  Typically first come, first served policies  Mostly privately developed  Groundwater depletion serious concern 15 Groundwater depletion between 1900 and 2008 (source: USGS) 16 Water Supply: Emerging Issues  Prior appropriation: no efficiency incentive  Use it or lose it  States adjusting policies  Increased pressure on existing water supplies  Population growth  Increased per capita use  Aging infrastructure  State, local (and private) systems, with federal support Clean Water Action (cleanwater.org) 17 Water Supply: Efficiency and Conservation  Mostly state/local effort thus far (EPA technical support)  Water loss management  Water reuse and recycling programs  Market mechanisms  Cooperative water management  Conjunctive land use and water planning 18 Water Supply: Climate Change Girvetz, Roy, and Maurer (Tetra Tech Consulting). 2010. Water sustainability in the contiguous United States. Evaluating Sustainability of Projected Water Demands Under Future Climate Change Conditions, Natural Resources Defense Council. 19 Water Quality 20 Water Quality  Environmental movement of 1960s changed perception of water  Initial concern with point source pollution  Heavy metals, sewage, petrochemicals, PCBs  CWA, NPDES  40 years after CWA, still significant impairment Impaired Waters of the US: 100,000 miles of rivers and streams 2.5 million acres or lakes 800 mi2 of bays and estuaries 55% of streams in poor condition for aquatic life (source: EPA) 21 Water Quality  Nonpoint source (NPS) pollution  Variety of sources, difficult to identify  Nutrients (N&P), sediment, road chemicals  Now major source of water impairment Source: NOAA   25% of streams with too much N 40% of streams with too much P 22 http://serc.carleton.edu/microbelife/topics/dead zone/general.html 23 Emerging Pollutants of Concern  Household chemicals with uncertain impacts  Pharmaceuticals  Household cleaners  Personal care products  Widespread 24 Emerging Pollutants of Concern Kolpin et al. 2002. Pharmaceuticals, hormones, and other organic wastewater contaminants in U.S. streams, 19909-2000: a national reconnaissance. Environ. Sci. Tech. 25 Water Quality  1990s transition to holistic WQ management  1992 CWA amendments: Total Maximum Daily Load (TMDL)  Whole water body management  Determines uses, calculates acceptable pollutant levels  Apportions levels to various actors 26 Water Quality  TMDL process addresses PS and NPS  Mandatory limits for PS, only voluntary for NPS  Watershed-based, cut across political boundaries  Public involvement Courtesy NRCS 27 28 Coordination and Collaboration  Agencies increasingly working together  Federal-state-localprivate collaboration  Integrate water supply mgmt, WQ mgmt  California Federal-BayDelta Program (CALFED) 29 Watershed Management •Management by basin, rather than jurisdiction •Goes hand-in-hand with coordination and collaboration •Targets NPS •TMDL process •Citizen involvement key •Civic watershed groups related to implementation of TMDL plans1 1Hoornbeek, J., Hansen, E., Ringquist, E., and Carlson, R. 2013. Implementing water pollution policy in the United States: Total Maximum Daily Loads and collaborative watershed management. Society and Natural Resources 26: 420-436. 30 Public Involvement  Public awareness of water issues  Multiple use management  EPA 319 Program 31 Ecosystem Restoration  Hundreds of years of water system modification and degradation  Loss of ecosystem services:  Flood control & storage  Water filtering  Wildlife & fisheries habitat  Storm protection Example: Comprehensive Everglades Restoration Plan 32 Adaptive Management  Experimentation in policy design  Importance of monitoring, flexible administration  Response to climate change Courtesy: Government of British Columbia 33 Questions 34