Water Transfers in the West Efficiency, Equity, and the Environment (1992) / Chapter Skim
Currently Skimming:
12 Conclusions and Recommendations
12 Conclusions and Recommendations
Pages 249-268
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 249... ...
Based on its review of the potentially adverse impacts of water transfers, this committee concludes that third party interests deserve greater consideration when transfers are proposed. While seeking ways to promote transfers, state and tribal governments should also devise ways to improve their laws and procedures to protect third parties.
|
From page 250... ...
Area-of-Origin Protection If water transfers are to be used to facilitate more responsive water management, the equity issues related to area-of-origin impacts will require continued attention. Although an individual farmer might benefit from selling water rights to satisfy growing urban demand, rural counties are left with the problem of trying to protect their tax bases, environments, cultures, and economic futures.
|
From page 251... ...
Prior appropriation allows private rights to be created in public resources, and throughout the West's history, appropriative water rights were typically held by private parties or public water providers for consumptive uses. (An exception was made for hydropower rights, which could be exercised only by building facilities in the stream to take advantage of flowing water.)
|
From page 252... ...
As interest in water transfers as a voluntary reallocation tool has increased, there has been a growing call to streamline the process to encourage market transfers. The case studies reviewed in this report suggest, however, that this goal must be tempered by the reality that some increased transaction costs are necessary if we are to address third party effects adequately.
|
From page 253... ...
The "no injury" rule that historically has governed water transfers under the prior appropriation doctrine in most western states is the foundation for third party protection, but it generally is not adequate to protect the full array of affected interests. Although many states have adopted a public interest review requirement for proposed transfers, others still rely exclusively on a no injury test that protects only other water rights holders.
|
From page 254... ...
States historically have had primary authority in the administration of water rights, except on Indian lands where tribal governments are the administrative authority. Thus the administration of water transfers is the responsibility of the state or tribal governments.
|
From page 255... ...
Given the importance of instream flows to a variety of third parties, authority to acquire and hold water rights for instream flow purposes should be a feature of water law and administrative practice in all states. RECOMMENDATIONS: · State and tribal administrators should develop and publish clear criteria and guidelines for evaluating water transfer proposals and addressing potential third party effects.
|
From page 256... ...
Regulatory processes and requirements can distinguish between large or pervasive third party effects and small or ephemeral impacts. In many instances the costs of accommodating or mitigating third party impacts can be defrayed from the economic benefits that the transfer generates.
|
From page 257... ...
Water is not merely a commodity in the normal sense of the word but rather a resource held in common for all citizens, and this should be recognized in the processes used to evaluate water transfers. The interests of communities, local governments, individuals, and, the environment in the areas from which water is proposed to be exported are not now adequately represented in the laws and policies of many western states.
|
From page 258... ...
RECOMMENDATIONS: · States and tribal governments should develop specific policies to guide water transfer approval processes regarding the community and environmental consequences of transferring water from one basin to another, because such transfers may have serious long-term consequences. · Water transfer processes should formally recognize interests within basins of origin that are of statewide and regional importance, and these interests should be weighed when transbasir~ exports are being considered.
|
From page 259... ...
RECOMMENDATIONS: · To protect third parties in water rights transfers, public interest language in western states' water laws should be reviewed, clarified, and, where appropriate, more vigorously applied. States should develop definitions and criteria for assessing what constitutes the
|
From page 260... ...
This inequity will need attention as water transfers become an increasing component of water management. ., ~ , ~ , , , ~ , RECOMMENDATIONS: · Federal, state, and tribal water transfer policies and laws should ensure consideration of ecological values affected by transfers, for
|
From page 261... ...
Conclusion 7: Traditional Indian and Hispanic communities have unique interests relating to water transfer policies, and these interests merit special consideration when proposed transfers are evaluated. In many water transfers, traditional Indian and Hispanic communities find themselves in a classic third party role.
|
From page 262... ...
Tribal governments have on-reservation authority for administering water transfers. Setting tribal water transfer policies and administering them present special challenges.
|
From page 263... ...
Leasing opportunities exist both on and off reservations, and several recent settlements include provisions for off-reservation leasing of tribal water. RECOMMENDATIONS: · When Indian water rights are transferred or applied to offreservation uses, tribal governments should establish procedures to evaluate third party effects.
|
From page 264... ...
The principal reason the Imperial Irrigation District/Metropolitan Water District salvage project succeeded is because there are no downstream senior water rights that depend on the return flows, with the exception of environmental third parties (e.g., the Salton Sea)
|
From page 265... ...
· State, tribal, and federal water transfer review processes should take full account of the third party effects of a transfer of conserved or salvaged water, just as with any other transfer. Conclusion 1 0: Water transfer reviews should consider the interrelationships between water quality and water quantity and also between surface and ground water resources.
|
From page 266... ...
~ · States and tribes should require agencies to develop technical capabilities for evaluating and monitoring surface and ground water quality as part of the transfer evaluation process. Conclusion 1 1: Federal legislative and administrative policies should more clearly support federal water transfers while addressing third party effects and the distribution of benefits from transfers involving federal project water.
|
From page 267... ...
Nevertheless, some federal project consistency should be encouraged in this critical area of concern. Some third party effects are so serious that they may warrant federal denial of proposed water transfers.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.