Water Quantity and Policy
For most Americans, the lack of good quality water has never been a concern. However with the beginning of the 21st century, many U.S. communities are facing diminishing water supplies and a growing competition for the resource. Many lakes and reservoirs throughout the country are at historically low levels. Causes for diminishing water supplies are varied.
Socio-geographic changes in U.S. population are placing increased demands on water resources. Population growth is occurring where municipal and industrial demands are already great. Much of the increased demand is occurring in arid regions where water is always scarce. Water resources become even less dependable in years of drought. As water bodies become depleted, water quality decreases from higher concentrations of chemical, biological, and physical contaminants. Numbers of intra and inter-state controversies are emerging as a result of water shortages.
One such controversy is the so called "tri-state water war", between Georgia, Alabama and Florida. The City of Atlanta, after assessing its projected population growth and future water needs, sought a permit from the Corps of Engineers to create reservoirs on the Chattahoochee, Flint, and Coosa Rivers that would retain an additional 529 million gallons of water a day to be stored in Lake Sidney Lanier, Atlanta's major source of drinking water. Atlanta's long-term plan included an increase in withdrawals of 50% from the Chattahoochee and Flint by the year 2010.
This proposal and announcement by the Corps set off a dispute between Georgia and its downstream neighbors, Alabama and Florida. Alabama viewed the plan as a threat to its own water supply, possibly stunting industrial and population growth in the state and resulting in degraded water quality due to the decrease in water flow. Alabama argued that the downstream flow already brings with it Atlanta's pollution and that a decrease in the water flow would mean more pollutants that would not get diluted. Florida joined the dispute contending that the plan to siphon off more water from the Chattahoochee and Flint rivers would deplete the flow into Florida's Apalachicola Bay and would critically injure the state's $70 million oyster industry.
Similar debates are ongoing farther west. All parties are continually challenging Pecos River and Rio Grande compacts between New Mexico, Texas, and Mexico. Resolutions to the problems of water supply through equitable allocation are critical to the sustainability of our communities throughout the country.
There is no real grasp of how much or how little water is available. And, by nature, the numbers would keep changing at any rate, contingent on dry or wet years. This is why most states have water rights policies established. The administrative principles of the these water rights vary from state to state, but essentially determine who has the right, and to how much, in times of shortages.
Riparian Rights Doctrine
A riparian landowner has the right to use a portion of available water (stream or lake) for domestic use and irrigation. Water for irrigation and other commercial purposes must be "reasonable with respect to the requirements of all other riparian owners. This doctrine can also be applied to groundwater. Riparian rights are generally followed in Eastern states, and were influenced by British Common Law. Needs of other riparian owners must be taken into account. "Reasonable" is defined on a case-by-case basis in court. In times of drought, riparian owners suffer equally, theoretically.
Originally, the riparian doctrine did not allow riparian owners to sell water to non-riparian landowners. As populations have increased, however, variations have been adopted to overcome these and other obstacles.
Appropriation Doctrine
Using the policy of Prior Appropriation, the first to appropriate water for a beneficial use has the right to water for that use prior to any other user. Riparian land does not have to be owned to obtain water rights. Appropriation rights origins are based in Spanish and Native American practices of administering water (see New Mexico water quantity and policy theme). Accordingly, many Western states have adopted this method of water allocation. In practice the doctrine is simply “first in time, first in right.”
Consistent with this “first in time...” policy, in times of drought, more senior water rights holders can use water while junior water rights owners go without. It should be noted that both doctrines primarily focus on water quantity and the laws are unclear about water quality.
In the 13 states comprising US Environmental Protection Agency Regions 4 & 6, many different systems of water rights administration are used. The following chart outlines the various doctrines, how disputes are resolved, regulatory agencies, and more.
| States | Water Rights Doctrine | Permit Req. | Buy/Sell Privs. | Dispute Settle. | Compacts | Leg. Statutes | Agency Respons- ibility |
|---|---|---|---|---|---|---|---|
| Alabama | Riparian | No | No | Gen Court | 0 | None | Office Water Resources |
| Arkansas | Riparian | No | Yes | Gen Court | 0 | None | None |
| Florida | Statute | Yes | No | Agency | 0 | None | Districts |
| Georgia | Riparian | Yes | Yes | Gen Court | 0 | None | Dept. of NR |
| Kentucky | Riparian | Yes | No | GC/Agency | 2 | None | Div. Water |
| Louisiana | Riparian | No | Yes | Gen Court | 2 | None | None |
| Mississippi | Permit | Yes | No | Agency | 0 | None | Dept. of NR |
| New Mexico | Appropriation | Yes | Yes | Gen Court | 8 | Yes | State Eng. |
| North Carolina | Riparian | Yes | Yes | Gen Court | 3 | None | Div. Water |
| Oklahoma | Appropriation | Yes | No | GC/Agency | 3 | Yes | W. Res. Board |
| South Carolina | Riparian | Yes | No | Gen Court | 0 | Yes | W. Res. Com. |
| Tennessee | Riparian | No | Yes | Gen Court | 2 | Yes | Dept. H&E |
| Texas | Appropriation | Yes | Yes | GC/Agency | 5 | Yes | St. Water Com. |
Resources and Programs
Examples of resources and programs provided by Land Grant Universities in the Southern Region are outlined below. For more information on a specific state, click on that state on the homepage, or use the links at the bottom of this page to jump directly to state summaries of Water Quantity and Policy.
- New Mexico:
New Mexico State Drought Management Plan - Texas:
Texas Weather Connection assists agricultural producers with drought management.
Extension Outreach
All of the land grant institutions through the Cooperative Extension Service have a Water Quality Coordinator. This is the person that the College or University through the Extension Service has put in charge of water issues in that state.
- Florida:
The goal of FL411 Florida Water Conservation is to increase water use efficiency and reduce water consumption while maintaining adequate and sustainable water supplies for urban and agricultural users in Florida. - Louisiana:
LSU AgCenter conducts a Water Summit and the Extension Service is conducting domestic water conservation programs. - New Mexico:
New Mexico State University (NMSU) is currently cooperating with the Office of the State Engineer to provide educational workshops and meetings to landowners on the adjudication process on-going in the Lower Rio Grande Valley. The College of Agriculture and Home Economics also maintains the NM Climate Center which provides current and historical weather, irrigation scheduling tools, games and other interesting resources. - Texas:
Texas Cooperative Extension and the Texas Agricultural Experiment Station maintain TexasET, a website that features weather information, evapotranspiration (ET) calculations, and lawn and crop watering recommendations by the Agriculture Program of the Texas A&M University System.
Scientific Research
Scientific research is the basis for investigating and developing new technologies to improve water conservation. Researchers at Land Grant Universities work to develop these new technologies, verify their effects and minimize adverse impacts. The U.S. Department of Agriculture's (USDA) Current Research Information System (CRIS) provides access to reports on nutrient and pesticide management research supported by USDA and conducted at research centers or Land Grant Universities.
Some examples of major research efforts regarding water quantity and policy in the Southern Region include:
- Louisiana:
The Louisiana Soybean Research Verification Program is investigating the effects of border irrigation on soybean production and water conservation. - New Mexico:
Research at the NMSU College of Agriculture and Home Economics investigates the use of decision support tools and institutional incentives for improving water use efficiency. A major cooperative effort between NMSU and Texas A&M University (TAMU) to research and extend irrigation water conservation practices is currently underway. Information on NMSU efforts in the Rio Grande Basin Initiative is available. - Texas:
The TAMU School of Irrigation conducts research and educational programs. The purpose of the School is to promote water conservation while maintaining quality landscapes through science-based irrigation water management and proper system design and maintenance. Additional information on TAMU efforts in the Rio Grande Basin Initiative, including water conservation for irrigation projects is available.
College and University Education
Degree programs and continuing education through the land-grant institutions are critical to develop and enhance human resources to address water quantity and quality issues. For state-specific information, choose a state from the drop-down menu below and then scroll to College and University Education. Examples of programs that deal with water quantity and policy are:
- Agriculture Economics and Agricultural Business
BS, MS, and PhD programs - Animal and Range Sciences
BS, MS, and PhD programs - Civil, Agricultural, and Geological Engineering
BS, MS, and PhD programs - Geological Sciences
BS, MS, and PhD programs - Wildlife Ecology and Conservation Biology
BS, MS, and PhD programs