Hydrologic Effects of a Changing Forest Landscape (2008) / Chapter Skim
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Appendix A: Institutional Governance and Regulations of Forests and Water
Appendix A: Institutional Governance and Regulations of Forests and Water
Pages 143-162
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Appendixes
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Federal Water Management Once water rights are obtained authorizing the use of water, this use is regulated and managed by a wide variety of federal, state and local agencies and private organizations under an equally wide variety of laws. The federal government is deeply involved in water development for multiple purposes including navigation, flood control, hydropower and irrigation.
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The Army Corps of Engineers, Bureau of Reclamation, and Federal Energy Regulatory Commission must comply with federal environmental laws such as the Endangered Species Act and the Clean Water Act in the operation and maintenance of the array of federal and federally licensed water facilities. Forest managers seeking to achieve fish and wildlife, water supply and watershed protection objectives have an interest in how water facilities are operated.
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These water supply organizations provide water for irrigation and municipal and industrial purposes. Some states authorize larger regional water authorities such as the Northern Colorado Water Conservancy District that provide water to irrigation districts and municipalities.
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Table 3-1 shows the major regulations applicable to a timber sale on public or private lands, highlighting the complexity and single subject and single agency divisions facing forest land managers.
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States responded by enacting laws to regulate the impact of forest practices by prohibiting or controlling timber harvest in drinking water source areas and dumping of logging wastes in streams, requiring fire control, leaving of seed trees for reforestation and buffers around lakes and along rivers to protect scenery (Cubbage and Siegal, 1985)
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Some states have explicit rules governing timber harvest and road building in watersheds that provide drinking water. State forest practice regulations apply on private and public lands.
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States with comprehensive forest practices acts have also embraced many of the voluntary education and stewardship incentive programs developed by states with voluntary programs. Fundamentally, through regulatory and voluntary programs, state forestry and pollution control agencies have lead responsibility for protecting the public interest in controlling the effects of forest management on watersheds.
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Two or more forest management actions, like timber harvests, can interact to produce magnified effects on ecosystem functions or other resources, even if each influence alone would have been relatively small or benign (University of California Committee on Cumulative Watershed Effects, 2001)
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. Clean Water Act Public concern about the effects of forest management on hydrology has focused primarily on water quality.
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Current BMPs cover a range of water quality effects and are routinely applied in categories similar to those under forest practices acts: streamside management zones with limited harvesting; clearcut size limits; site preparation and reforestation requirements; road building and skid trail location restrictions; high hazard site/steep slope restrictions to limit erosion and landslides; wetlands protections; and regulation of fertilizer and pesticide application (USEPA, 2005)
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The major controversy surrounding TMDLs is whether states can, or must, impose specific, quantified load allocations on nonpoint sources, like silviculture. The USFS protested application of TMDLs to forest management, arguing that forest practices would expose the agency to litigation over nonpoint source controls, and that BMPs, without specific limits on pollutants, were more appropriate (Houck, 2002)
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Safe Drinking Water Act As early as 1808 laws protected drinking water sources by regulating activities in watersheds or barring human entry into them. Cities sought pure drinking water sources, often on forested lands, where they built reservoirs to supply their citizens.
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has become a significant factor in forest and water management on public and private lands because of the importance of aquatic and riparian habitat to many listed species. As a result, timber harvesting, livestock grazing, road construction and many other forest management activities have been curtailed or modified due to ESA requirements.
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Open trading markets are the second category of environmental services markets, such as the markets that have developed for carbon offsets since adoption of the Kyoto Protocol. The first step in creating such markets is to quantify the amount of environmental service provided by a particular forest management practice.
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. The third category of markets involves direct public payments to landowners for environmental services.
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1998. 25 Years of the Clean Water Act: How Clean Are Forest Practices?
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2001. Compensating for Wetland Losses under the Clean Water Act.
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