Environmental Flows:Environmental Flows:Policy and Policy and ImplementationImplementation

Tyler Jantzen and Shane WalkerTyler Jantzen and Shane Walker

Transboundary Water ResourcesTransboundary Water ResourcesNovember 15, 2005November 15, 2005

Presentation OutlinePresentation Outline

Review of Environmental Flow ConceptReview of Environmental Flow Concept Implementation of Concept to PolicyImplementation of Concept to Policy Case Study: South AfricaCase Study: South Africa Case Study: AustraliaCase Study: Australia Policy in the U.S.Policy in the U.S.

– Texas Waters DVDTexas Waters DVD– Use of Eminent DomainUse of Eminent Domain

Questions for DiscussionQuestions for Discussion

Implementing Implementing Environmental Flows as Environmental Flows as Water PolicyWater Policy The The ScienceScience is here (for the most part) is here (for the most part)

The public is mostly unaware of need for The public is mostly unaware of need for Environmental FlowEnvironmental Flow

Giving the Environment a primary “right” to Giving the Environment a primary “right” to water is a paradigm shift for most peoplewater is a paradigm shift for most people

Most water rights have alreadyMost water rights have alreadybeen been allocatedallocated and are spoken for and are spoken for

Case Study: South Case Study: South AfricaAfrica

An Introduction to the Concept of a Water An Introduction to the Concept of a Water

ReserveReserve

South Africa Water South Africa Water Resources:Resources:A Recent HistoryA Recent History

April, 1994: April, 1994: End of End of apartheidapartheid → A new start→ A new start

Dec., 1996: Dec., 1996: ConstitutionConstitution signed signed

1997: 1997: “National Water “National Water PolicyPolicy” adopted” adopted

1998: 1998: “National Water “National Water ActAct” signed into law” signed into law

Aug. 2002: Aug. 2002: Draft of “National Water Resource Draft of “National Water Resource StrategyStrategy” ”

proposedproposed

Sept. 2002: Sept. 2002: NWRS- 1NWRS- 1stst Edition Edition adoptedadopted

National Water ActNational Water Act

Water considered a common assetWater considered a common asset National and local governments “act in National and local governments “act in

the the public trustpublic trust” to ensure that water ” to ensure that water used for “the benefit of all persons”used for “the benefit of all persons”

Ecological Flow

Basic Human NeedsThe Water Reserve

Schedule 1- Unlicensed Users of Minor Extractions

Licensed Users

The Water ReserveThe Water Reserve

Phase 1: CompletePhase 1: Complete Desktop ModelDesktop Model (Minimal data needed; Already exists) (Minimal data needed; Already exists) Low level of reliabilityLow level of reliability Does not account for temporal flow distribution Does not account for temporal flow distribution

– ~20% of flow reserved for Ecological flow + 25 liters per person ~20% of flow reserved for Ecological flow + 25 liters per person per day = per day = Water ReserveWater Reserve

Phase 2: In ProgressPhase 2: In Progress More complex More complex Building Block ModelBuilding Block Model High data needs, very little data existsHigh data needs, very little data exists Higher level of reliability- Higher level of reliability- legally defensiblelegally defensible Will account for temporal flow distributionWill account for temporal flow distribution

– Prescription based on multiple parametersPrescription based on multiple parameters

Water Management Water Management AreasAreas

National: Department of Water Affairs and Forestry

Regional: Water [Catchment] Management Areas

Local: Water Users Associations

Regional Management Areas

The Water Reserve: Ecological Flow

Annual Runoff and Ecological Reserve

0

1000

2000

3000

4000

5000

6000

7000

8000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Watershed Management Area

Ru

no

ff V

olu

me

(mill

ion

m3 /y

r)Natural Mean Annual RunoffEcological Reserve

X 25 L / cap day

The Water Reserve: Protecting Water for “Basic Human Needs”

Case Study: AustraliaCase Study: Australia

Water “Cap”

Water Resources in Water Resources in AustraliaAustralia A water A water scarcescarce continent continent

– However, low population densityHowever, low population density

Rainfall is Rainfall is highly variablehighly variable in time and space in time and space– Need for engineered water resource systemsNeed for engineered water resource systems– One of highest Dam per Capita ratios in the worldOne of highest Dam per Capita ratios in the world

National government encourages individual basins to National government encourages individual basins to implement environmental flow measuresimplement environmental flow measures– The Murray-Darling Basin Commission has taken on one The Murray-Darling Basin Commission has taken on one

of the most of the most progressiveprogressive plans in Australia plans in Australia

The Murray-Darling The Murray-Darling BasinBasin Large Large increaseincrease in development and water in development and water useuse in 1980s and in 1980s and

1990s. 1990s.

1995: MDBC implements an 1995: MDBC implements an interim capinterim cap in an attempt to in an attempt to

address address declining river health declining river health

1997: The cap becomes 1997: The cap becomes permanentpermanent

The cap The cap limitslimits diversions to 1993/1994 levels diversions to 1993/1994 levels

Adjustments are made to account for natural changes in Adjustments are made to account for natural changes in

flow (flow (droughtdrought))

Considered a “first step” towards achieving a Considered a “first step” towards achieving a sustainablesustainable

basin ecosystembasin ecosystem

U.S. and TexasU.S. and TexasWhat Are We Doing?What Are We Doing?

1977- Thorton, CO acquired water rights from 1977- Thorton, CO acquired water rights from nearby irrigation companies for municipal nearby irrigation companies for municipal use using use using eminent domaineminent domain

1990s- El Paso expanding 1990s- El Paso expanding groundwatergroundwater rightsrights

Texas The State of Water – Finding a BalanceTexas The State of Water – Finding a Balance(Texas Parks and Wildlife) Video(Texas Parks and Wildlife) Video

Questions for Questions for DiscussionDiscussion How does a government or institution determine an How does a government or institution determine an

equitableequitable way to allocate water to both “reserve” and users? way to allocate water to both “reserve” and users? What level of ecological health is What level of ecological health is desireddesired? What ? What levellevel of of ecological health is reasonable and achievable? How much ecological health is reasonable and achievable? How much flow are users willing to forego?flow are users willing to forego?

How can the How can the methodsmethods used by South Africa, Australia, and used by South Africa, Australia, and Armenia be applied to Armenia be applied to transboundarytransboundary river basins? river basins?

How can How can AmericanAmerican water policy makers (either on a local, water policy makers (either on a local, regional, state, or national level) incorporate the concept of regional, state, or national level) incorporate the concept of ecological and environmental flow? Should ecological and environmental flow? Should Eminent DomainEminent Domain be applied to water rights in order to sustain environmental be applied to water rights in order to sustain environmental flows?flows?