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EMERGING WATER RESOURCES ISSUES --

What are the Trends? What are the Policy Options?

Jon PawlowJonathan R Pawlow, Esq.

CounselSubcommittee on Water Resources and Environment

Committee on Transportation and Infrastructure U.S. House of Representatives

Washington, D.C.(202) 226-6303

Jon.Pawlow@mail.house.gov

October 27, 2010

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“Whiskey’s for drinkin’,water’s for fightin’ over.”

—Mark Twain

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U.S. Congress

Senate House of Representatives

House Committees

Transportation & Infrastructure

Committee(with 6

Subcommittees)

Senate Committees

* Water Resources & Environment

Subcommittee *

(A “Civics” Review . . . )

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Water Resources:

• WATER is a key component to achieving prosperity and wealth in our economy.

• To continue prospering, we need adequate quantities of good quality water to meet our present and future needs.

• However, issues are arising . . .

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EMERGING WATER RESOURCESISSUES IN THE U.S.:

• Water Quantity (Water Supply & Demand).

• Water Quality.• Jurisdiction over Water (Federal vs. State;

Public vs. Private).5

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WATER QUANTITY:(Water Supply & Demand)

[Some Background . . .]“Water is everywhere,” but . . .

– Water covers >2/3 of the earth.– 98% salt or brackish.– >1% locked in polar icecaps.– Only ~0.3% fresh water is potentially

available for human use/consumption.

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The United States: Overall, is blessed with abundant water resources:

– U.S. has ~1,400B gallons usable water available/average day.

– ~80% from streams and lakes.– Remainder from groundwater.

(~400B gallons/day fresh water is withdrawn from surface & ground water sources and actually used.)

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Irrigation- Ag/LandscapingMining Self-Supplied IndustrialAquaculture

31 percent (↓)1 percent

Less than 1 percent

Livestock

11 percent (↑)

Public Supply

49 percent (↓)

Thermoelectric Power

4 percent2 percent

1 percent

Self-Supplied Domestic

Water Supports a Wide Range of Uses, including:(Withdrawals by Category)

> Also Other Uses (Instream Uses): Navigation/Transportation; Hydroelectric Power Generation; Recreational; Aquatic Ecosystem Maintenance.

(~35% is consumed; ~65% is returned after use.)

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Water Supply Sources

Surface water Groundwater Reuse

Water Supply Facilities

Storage Wells Desalinization Plants

Intakes & Pumps Treatment Transmission & Distribution

Municipal

Power/Hydropower

Recreation

Many Water Users

Navigation Flood Control

Industrial

Environmental

Agricultural

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[Complex . . .]

[Complex . . .]

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WATER AVAILABILITY vs. DEMAND:(~1,400B gal/day) (~400B gal/day)

Should be adequate to meet our needs, but . . .– Supplies & demands don’t correlate well

together, geographically.• Water supplies and waterbodies: not uniform around

the nation.– (Water-scarce West vs. more water-rich East).

• Water demands and uses: also not uniform.– Some highest growth areas are in driest parts of

U.S. (e.g., Nevada, Arizona, Colorado, Utah, Idaho).

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The Changing Nature of Demand:

• Total water use has leveled off in past 25 years,BUT . . .

• Water uses/demands are expanding; demand patterns are changing:– Fast population growth (by up to 50% in some regions

over next 40 years; especially in arid/semiarid areas) --domestic water needs increasing.

– Demand for food will increase by 25%(+) in next 25 years.

– Demand for water transportation and power generation (including renewables) will increase.

– Total consumptive water uses (water not immediately returned to the waterbody) increasing.

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Demand patterns are changing (cont’d):

– Irrigated acres:• in the West decreasing.• in the East increasing.

– Pollutants (from man-made/natural sources) have eliminated some waters from being used.

– Instream flow maintenance requirements (for recreation, habitat protection, endangered species, water quality).

– Climate Change effects???– [Economic Effects???]

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There are Only Partial Offsets to the Increasing Demand for Water:

Conservation, increased efficiency & productivity, new technologies, less manufacturing, less & more efficient irrigation.

– Recycled water usage Increased 36%(between 1990-1995); still rising.

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1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005

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Total Withdrawals and Per Capita Usage (1950-2005)Total Withdrawals

Per Person per Day

Withdrawals are Expected to Increasein the Future as Demand Increases

???

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WATER AVAILABILITY (Supply)vs. DEMAND

• While Demand is increasing, Water Availability (Supply) has NOT grown much over the past 30(+) years.– Supply has remained relatively constant.

– Considerable resistance to building new water resources storage projects (funding, endangered species, environmental reviews, permitting difficulties).

– Typically, it takes many years to get a project permitted, approved, and built (if at all).

– Lack of Planning in many (not all) States to meet our Water Resources Needs over the next 50 Years.

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Projected Population Growth Areas vs. Areas with Significant Water Supply Issues

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= Areas with Significant Water Supply Issues

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Result: As we enter the 21st Century,we have tremendous competition, betweendifferent water users, for the same water.

• Skyrocketing demand is outstripping supplies in many areas.– Not enough water to go around for everyone

to use as we have been.• Drought/Changing Climate: Exacerbating the

problem in many regions.

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Drought Conditions Across the Nation (as of October 19, 2010)

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Result (cont’d)

• Conflicts/disputes over water supply/allocation are arising all across the nation.– Not just in the West (where water rights

disputes often have been contentious), but also in the traditionally water-rich East.

– Competition for water between different users (municipalities, states, industry, farmers, river basins).

– Litigation, negotiations, agreements, legislation on water allocation/use.

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Result (cont’d)

> Scarcity of water: The “good old days” are ending . . .

•Water now is a finite commodity, and a market good, rather than a ubiquitous common resource or a “free good.”

•The fights about water are in great part about economic development and sustainability.

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Where Are We All Headed?• A New “Paradigm” for Water Resources

Management is emerging:– Water is not limitless.– Recognize competing uses of water.– Water management needs to be based on the

balance between supply and demand.– Balance needs/interests of all users/stakeholders.– Conserve/reduce consumption.– Allocate/use water more efficiently.– Economic principles in water use and management.– Recognize basic ecosystem needs for water.

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Where Do We Need to Go?

• RESEARCH: We Need More New Technologies and Approaches:– More efficient use of water.– Alternative supplies (desalination, etc.).– Multiple reuse/recycling of water.– Water/wastewater treatment (for recycling, desalination,

etc.).– Water resources data collection/assessment.– Non-structural alternatives to help meet demands.– Adopt less water-intensive practices.

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We Need Better PLANNING to Meet our Water Resources Needs Over the Next 50 Years:

• Holistic, Comprehensive, Integrated, and Sustainable water supply, demand, & drought planning and management.• Use a “bottom-up,” “collaborative,” “stakeholder-

driven” approach (to get buy-in, instead of conflict).• Look at Long-term Needs (~50 years(?) horizon).• Consider Climate Change Impacts on future supplies

(and demands).

• Long Lead-time Advance Planning (since it typically takes many years to get a project permitted, approved, and built, if at all).

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Where Are We All Headed?

• Water QUANTITY issues increasingly are going to drive Water QUALITY issues.

– Many areas have insufficient amounts of good quality water (due to increased demand, and natural or man-induced pollution).

– Water quality may be affected by natural and/or man-induced pollution.

– Pressure is increasing to reduce and prevent water pollution!

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Important Water Quality Issues:EPA Reports (in its Latest Assessment of U.S. Water Quality):• Rivers and Streams: 49.6% of all assessed miles are “impaired.”• Lakes: 66% of assessed lake acres are “impaired.”• Bays and Estuaries: 63.7% of estuarine sq. miles “impaired.”• Identified sources of water quality impairment include:

– Agricultural activities (e.g., crops, animal grazing & feeding).– Hydromodifications (water diversions, channelization, dams).– Municipal discharges/sewage overflows; urban runoff,

construction runoff, stormwater.– Habitat (as wetlands) alteration; mining.– Natural pollutant sources.– Atmospheric deposition; unspecified nonpoint sources.

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Important Water Quality Issues (cont’d):

EPA Reports (in its Latest Assessment of U.S. Water Quality):

• Major pollutants identified as causing water quality impairments include:– Nutrients.– Sediment/turbidity.– Oxygen depletion/hypoxia.– Pathogens.– Toxics (e.g., mercury, other metals, PCBs, pesticides).– Habitat (as wetlands) alteration; flow alteration.

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Important Water Quality Issues (cont’d):

• Activity sectors “responsible for” these identified water pollution problems:– Are under increasing pressure from regulators AND

activist groups to reduce their water quality impacts.

• “Target” activity sectors include:– Agriculture (discharges, runoff from agricultural activities).– Municipal wastewater systems (wastewater discharges

/sewer overflows).– Urban stormwater sewers and runoff.– Construction industry (construction runoff, stormwater).– Land use activities altering wetlands and other habitat.– Mining.– Atmospheric deposition; Other nonpoint sources.

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Water Quality Issues: Where Are We Headed?

The Agriculture/Horticulture sector can expect to see and hear more about:

• Controlling/Reducing Nutrients in the environment.• Numerical water quality criteria for nutrients.• Nonpoint source/ag runoff reductions/controls.• Total maximum daily loads (TMDLs), load allocations.• Potential NPDES permitting of certain agricultural activities.• Expanding Clean Water Act jurisdiction to “Federalize” all

waters/wet areas around the nation & regulate land usage.• Increased enforcement and “activist” citizen suits.

(Etc.)32

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Both Water Quality & Quantity Issues:Where Are We Headed?

Fiscal Factors Will Decrease Budgetary Flexibility:• Federal/State Budget pressures will limit program and

project spending.

Greater pressures to make beneficiaries pay for:– Water supply; irrigation supply.– Navigation.– Flood damage reduction.– Ecosystem restoration.– Pollution control; water quality protection and

enhancement.– Infrastructure and regulatory costs.

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Both Water Quality & Quantity Issues:Where Are We All Headed (cont’d)?

JURSDICTIONAL ISSUES:• Who should regulate, and how? (Fed vs. State vs. local; public vs. private water rights).

– [Many “activists” want heavy top-down Federal regulation.]

• Who should decide how/when/where/in what manner/what quantity?

– [Many “activists” want heavy “public” involvement, influence over decisions.]

(Very controversial issues . . .)34

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Where Do We Need to Head?• Eliminate the current adversarial approach to dealing

with our nation’s water quantity & quality issues.– (We can accomplish more in a collaborative fashion.)

• Establish a more holistic, integrated, sustainableplanning and management approach.

• Establish a Federal-State-local partnership to work together.– (Give people buy-in to work together.)

• Balance our competing economic, population, environmental, and other needs for water.

• *We have a Herculean task going forward!*35

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“When the well is dry,we’ll know the

true worth of water.”

—Ben Franklin

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