Water Transfers in the West

Water Transfers in the West

Efficiency, Equity, and the Environment

  • Publisher: National Academies Press
  • ISBN: 9780309045285
  • eISBN Pdf: 9780309563420
  • Place of publication:  United States
  • Year of digital publication: 1992
  • Month: January
  • Pages: 321
  • Language: English
The American West faces many challenges, but none is more important than the challenge of managing its water. This book examines the role that water transfers can play in allocating the region's scarce water resources. It focuses on the variety of third parties, including Native Americans, Hispanic communities, rural communities, and the environment, that can sometimes be harmed when water is moved.
The committee presents recommendations to guide states, tribes, and federal agencies toward better regulation. Seven in-depth case studies are presented: Nevada's Carson-Truckee basin, the Colorado Front Range, northern New Mexico, Washington's Yakima River basin, central Arizona, and the Central and Imperial valleys in California.
Water Transfers in the West presents background and current information on factors that have encouraged water transfers, typical types of transfers, and their potential negative effects. The book highlights the benefits that water transfers can bring but notes the need for more third-party representation in the processes used to evaluate planned transfers.
  • Water Transfers in the West
  • Copyright
  • Preface
  • Contents
  • Summary
    • THIRD PARTY IMPACTS AND OPPORTUNITIES
    • ASSESSING WATER TRANSFERS AND THEIR EFFECTS
    • THE ROLE OF LAW IN THE TRANSFER PROCESS
    • CONCLUSIONS AND RECOMMENDATIONS
      • Water Transfer Opportunities
      • State and Tribal Authority
      • The Costs of Transfers
      • Area-of-Origin Impacts
      • The Public Interest
      • Environmental Impacts
      • The Unique Interests of Indian and Hispanic Communities
      • Transfers on Indian Reservations
      • Water Salvage Laws
      • Water Quality-Water Quantity and Surface-Ground Water Interrelationships
      • Federal Policy
    • BALANCING EFFICIENCY AND EQUITY
  • 1 Pressures for Change
    • THE HISTORICAL CONTEXT
    • WHY WATER TRANSFERS OCCUR IN THE WEST
    • CHANGING DEMANDS
    • SOME RECENT TRANSFERS
    • TYPES OF WATER TRANSFER OPPORTUNITIES
      • Water Leases
      • Water Banks
      • Dry Year Option Arrangements
      • THE CASE FOR TRANSFERS
    • REFERENCES
  • 2 Third Party Impacts and Opportunities
    • PROTECTING THIRD PARTIES
    • RURAL COMMUNITIES
      • Economic and Fiscal Impacts
      • Environmental Effects of Retiring Irrigated Farmland
      • A Cautionary Note on Area-of-Origin Protection
    • AVAILABILITY OF WATER FOR AGRICULTURE
    • ETHNIC COMMUNITIES
    • TRIBES AS SOVEREIGN GOVERNMENTS
    • ECOSYSTEMS
    • INSTREAM FLOWS AND RELATED BENEFITS
    • WATER QUALITY
    • URBAN INTERESTS
    • FEDERAL TAXPAYERS
    • OPPORTUNITIES
    • REFERENCES
  • 3 The Role of Law in the Transfer Process
    • STATE WATER ALLOCATION LAWS
      • The No Injury Rule
      • Historical Use Limitation
      • Appurtenancy Restrictions
      • Basin-of-Origin Protection
      • Public Interest Review
      • Instream Flow Protection
      • Water Salvage Laws
    • OTHER STATE LAWS
      • Water Quality
      • Land Use
      • Environmental Impact
      • Soil Conservation
    • FEDERAL RECLAMATION LAW
    • FEDERAL ENVIRONMENTAL LAWS
    • FEDERAL AND INDIAN RESERVED RIGHTS
      • The Winters Doctrine
      • Application to Federal Lands
      • Priority of Reserved Rights
      • Quantification of Reserved Rights
      • Transferability of Indian Reserved Rights
    • SPECIAL DISTRICT LAWS AND STATE LAW RESTRAINTS
    • OPTIONS FOR IMPROVING WATER LAW AND POLICY
      • Public Interest Review Processes
      • Impact Assessment
      • Comprehensive Planning
      • Judicial Public Trust Doctrine
      • Clean Water Act, Section 404
      • Ad Hoc Negotiation
      • Other Legislation
    • REFERENCES
  • 4 Assessing Water Transfers and Their Effects: An Introduction to the Case Studies
    • ELEMENTS OF THE EVALUATION SYSTEM
      • Transfer Characteristics
      • Third Party Interests
      • Nature of Third Party Effects
    • INTRODUCTION TO THE CASE STUDIES
    • CRITICAL ISSUES
      • Area-of-Origin Protection
      • Instream Uses
    • REFERENCES
  • 5 The Truckee-Carson Basins in Nevada: Indian Tribes and Wildlife Concerns Shape a Reallocation…
    • THE SETTING
    • THE WATER DELIVERY SYSTEM
    • HOW WATER LAW HAS DEFINED RIGHTS AND CONSTRAINED REALLOCATION IN THE TRUCKEE-CARSON BASINS
      • The Initial Allocation
      • Principal Interests in Water Reallocation Through Transfers
        • TRIBAL INTERESTS AND ENDANGERED SPECIES IN PYRAMID LAKE
        • URBAN GROWTH IN THE TRUCKEE MEADOWS AREA
        • WETLAND ECOSYSTEM MAINTENANCE IN THE LAHONTAN VALLEY
    • RECENT AND PLANNED TRANSFERS
    • CONCLUSIONS
    • REFERENCES
  • 6 Colorado Front Range-Arkansas River Valley: Interconnected Water Sources
    • THE SETTING
      • Arkansas River Basin
      • South Platte River Basin
      • Areas of Origin for Transmountain Diversions
    • MAJOR WATER TRANSFER PROJECTS
      • Colorado-Big Thompson Project and Windy Gap Project
      • Arkansas River Basin Projects
      • Infrastructural Differences Between NCWCD and SCWCD Projects
    • INSTITUTIONAL AND LEGAL CONSIDERATIONS
    • CURRENT WATER TRANSFERS AND WATER MARKETING
      • Northeastern Colorado
      • Southeastern Colorado
    • FUTURE TRANSBASIN DIVERSIONS
    • THIRD PARTY IMPACTS
      • Socioeconomic Impacts
        • AGRICULTURAL SECTOR
        • RURAL COMMUNITIES
        • MINORITIES
      • Environmental Impacts
        • INSTREAM VALUES
    • CONCLUSIONS
      • Water Rights Transfers
      • Water Resource Planning and Management
    • REFERENCES
  • 7 Northern New Mexico: Differing Notions of Water, Property, and Community
    • THE SETTING
      • Physical Setting
        • UPPER RIO GRANDE
        • RIO CHAMA
        • MIDDLE RIO GRANDE
      • Institutional and Legal Setting
        • COLONIAL SPANISH LAW
        • THE RIO GRANDE COMPACTS OF 1938
        • THE MIDDLE RIO GRANDE CONSERVANCY DISTRICT
      • Economic Setting
        • AGRICULTURE AND EMPLOYMENT
    • THIRD PARTY IMPACTS
      • Types of Water Transfers
      • Impacts on Community and Environmental Values
        • THE ACEQUIA COMMUNITIES
        • INDIAN COMMUNITIES
        • INSTREAM FLOW
    • CONCLUSIONS
    • REFERENCES
  • 8 The Yakima Basin in Washington: Will Transfers Occur Without Judicial or Legislative Pressures?
    • THE SETTING
    • THIRD PARTY IMPACTS
    • CONCLUSIONS
    • REFERENCES
  • 9 Central Arizona: The Endless Search for New Supplies to Water the Desert
    • THE SETTING
    • WATER INSTITUTIONS
    • THIRD PARTY IMPACTS
      • Surface and Ground Water Transfers and Their Social and Environmental Effects
      • Effects of Transfers of Sewage Effluent
      • Effects of Transfers of Indian Water Rights
    • CONCLUSIONS
    • REFERENCES
  • 10 California's Central Valley: Fear and Loathing in Potential Water Markets
    • THE SETTING
    • WATER INSTITUTIONS
    • THIRD PARTY IMPACTS
      • Areas of Origin
      • Environment
    • CONCLUSIONS
    • REFERENCES
  • 11 California's Imperial Valley: A “Win-Win” Transfer?
    • THE SETTING
    • LEGAL BACKGROUND
    • THE IID-TO-MWD TRANSFER NEGOTIATIONS
    • THE 1989 WATER CONSERVATION AGREEMENTS
    • THIRD PARTY IMPACTS
    • FUTURE AGREEMENTS
    • CONCLUSIONS
    • REFERENCES
  • 12 Conclusions and Recommendations
    • CRITICAL ISSUES
      • Area-of-Origin Protection
      • Instream Uses
      • Transaction Costs
    • CONCLUSIONS AND RECOMMENDATIONS
      • Conclusion 1: Water transfers can promote the efficient reallocation of water while protecting other water-dependent values…
        • RECOMMENDATION:
      • Conclusion 2: State and tribal governments have primary authority and responsibility for enabling and regulating water…
        • RECOMMENDATIONS:
      • Conclusion 3: Water transfer law and policies should be designed to consider the interests of the trading partners, third…
        • RECOMMENDATIONS:
      • Conclusion 4: Water transfers between basins should be evaluated to determine and account for the special impacts on…
        • RECOMMENDATIONS:
      • Conclusion 5: Public interest considerations should be included among the third party issues and legal Provisions for…
        • RECOMMENDATIONS:
      • Conclusion 6: Environmental impacts can and should be considered by state, tribal, and federal agencies when potential water…
        • RECOMMENDATIONS:
      • Conclusion 7: Traditional Indian and Hispanic communities have unique interests relating to water transfer policies, and…
        • RECOMMENDATIONS:
      • Conclusion 8: Tribal governments should consider special factors in approving and administering water transfers on their…
        • RECOMMENDATIONS:
      • Conclusion 9: Water laws should be enacted to promote water conservation and salvage while protecting third party interests.
        • RECOMMENDATIONS:
      • Conclusion 10: Water transfer reviews should consider the interrelationships between water quality and also between surface…
        • RECOMMENDATIONS:
      • Conclusion 11: Federal legislative and administrative policies should more clearly support federal water transfers while…
        • RECOMMENDATIONS:
  • Appendix A Glossary
  • Appendix B Acknowledgments of Case Study Participants
    • TRUCKEE-CARSON BASINS IN NEVADA
    • COLORADO FRONT RANGE AND ARKANSAS RIVER VALLEY
    • NORTHERN NEW MEXICO
    • THE YAKIMA BASIN IN WASHINGTON
    • CENTRAL ARIZONA
    • CALIFORNIA'S CENTRAL VALLEY
    • CALIFORNIA'S IMPERIAL IRRIGATION DISTRICT AND METROPOLITAN WATER DISTRICT
  • Appendix C Biographical Sketches of Committee Members and Staff
  • Index

SUBSCRIBE TO OUR NEWSLETTER

By subscribing, you accept our Privacy Policy