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105 Cards in this Set

  • Front
  • Back
What are the three major themes of the oregon plan
restore
repair
recreate
what is the oregon equation
children, economy, and environment
what does the repair portion include, what does it assume
it assumes that something is broken

includes repairing dams to accomodate for fish, the riparian zone, temperature, pollution
TMDL
Total Maximum Daily Load

maximum daily load of a given pollutant into the water

created by the clean water act
What has been done to repair the willamette?
NPDES Stormwater Discharge Permits (polluter pays system)

TMDLs

Portland Harbor Superfund
Clean up black butte mine
reducing nitrate
What are some assumptions with the restore part of the oregon plan
that something has changed
what are examples of what is being done on the willamette to restore the river
agencies are proecting and reestablishing riparian vegetation, wetland, and floodplains

maintaining in stream flows to protect fish habitat
The willamette river has 303d violations for what 3 things
bacteria
nitrate
temperature
what are existing heat sources on the willamette?
solar radiation, which becomes more intense as riparian areas are degraded

point discharge of warm wastewater

non point deforestation activities

impounding and diverting river water
what is the purpose of TDMLs
protect the benficial uses of water in Oregon that are sensitive to temperature
Definition of policy
1. a definite course of action adopted for the sake of expediency, facility, etc.
2. a course of action adopted and pursued by a government, ruler, political party, etc.
3. action or procedure conforming to or considered with reference to prudence or expediency

Bottom line: all contain action
how much of the worlds water is in ocean? fresh?
ocean 97 fresh 3
where is freshwater store
-frozen 77
-groundwater 22
-lakes rivers and streams 1
what percentage of freshwater is readily available to humans
0.007%
which continent has the largest withdrawl of water
asia
what is the amount of water calculated to meet basic needs
1000 m3/yr
What does most of the water used for basic needs go towards?
90% towards making/producing food
what country uses the most water per person
US

Why? bc water is cheap
what is the core of international policy
agenda setting and looking at the big picture
What are water value positions (4)
-rights based
-needs based
-economic good
-variety of uses/common good (integrated resource management)
standing
having the legal right to intitate a lawsuit when a right is violated
What is the basis of having water as a right
having standing
obligation to the states to provide
consequences if there is failure to provide
what is needs based water use founding on
survival
what was a significant UN declaration that served as a precedent for water as a human right
universal declaration of human rights
what two countries have designated water as a human right
australia and south africa
In the 1977 UN Conference on Water, what was the water value?
It focused on needs based
Up until the International Conference on Water and the Environment in 1992, what was the main value focus of water?
needs and rights based

at this conference, economic was the main focus
During the 90s what was the main focus on water values in international meetings
variety of uses, economic, as well as some needs/rights based
What are the two UN Millenium goals related to water
Goal 7: 1/2 the number of people without sustainable access to safe drinking water
Since the turn of the millenium explain how managing water and water values have evolved at the international planning level
emphasis has been placed on local management and governance of water, also on fixing water problems at a local level, increasing education, capacity building, integrated water rights management, and financing
Explain the evolution of human rights and water as a right
Throughout the 1900s human rights we mainly based upon human treatment, cruel and inhuman punishment, rigiht sof children, and human trafficking
when did water as a right officially show up in a national consitution
1994 Bill of Right Constitution in South Africa
what does water security mean at an international level?
having enough water to meet the needs of all
what is needs based water rights based on
survival
how are development and the environment linked
less access to water leads to less development
what are characteristics of water as an economic good
if water represents the true cost, then people will conserve to save money
full cost pricing
accounts for all costs

projects must pay for themselves and shouldn't be subsidized to lose in the end
does a human right to water mean that water has to be free?
no
what determines the price of water
appropriate use (sector) and est scale possilbe (geographic realities)
what are methods of treating water as an economic good
block pricing
water markets and water banks
privatization or public ownership
Names some types of goverance
international
statewide watershed districts
regional councils
federal
what are some examples of international governance and policies
bi/tripartisan treaties
human rights law
millenium development goals
law of non navigational uses of international watercourses
customary international law
UN general assembly actions
world water forums
power law
customary international law
laws based upon established patterns of behavior within a social setting, in this case within the UN. These are found through treaties, goals, etc
examples of customary international law
international water doctrines
internatioinal treaties
millenium goals
watercourse
system of surface and groundwater that are interconnected and convene at a given nexus
international watercourse
a watercourse located within the boundaries of multiple states
transboundary watercourse
a watercourse that cross through 2 states or passes through a boundary
absolute territorial sovereignty
right to use the water without regard to those who are upstream or downstream
what kind of state would most likely use ATS?
one that is at the beginning of a watercourse
absolutely territorial integrity
uses the water but does not allow it to be used in such a manner that it would damage a co-riparian. It benefits downstream riparians
limited territorial soverignty
it is a combination of ATS and ATI

used by middle riparians
prior appropriation
first come, first rights
community interest
an international water doctrine that looks as the basin as a hydrologic unit
equitable and reasonable utilization
common jurisdiction and allocation
summarize the Helsinki Law
equitable and reasonable use
prevention of harm downstream
provision for established rights
provision for sharing data
Summarize what was established in the Law of Non Navigational Use of International Watercourse
equitable and reasonable manner
prevent harm to others
requirement to exchange information between states
Explain the water issues at the tigris euphrates
Turkey, which is AST, has built a dam at the river, cutting off some flow from Iraq and Syria.
how does withdrawing from the Eurphates in Turkey affect other countries
affects synrian hydropower, irrigation, domestic and municipal water operations

affects irrigation, hydropower, and domestic use
how does withdrawing from the tigris in turkey affect other countries
reduces flow to iraq and particularly affects the kurds
how has syria gained leverage in getting water from turkey
sending terrorist groups into the boarder
code of hammurabi
1750 BC a man has to pay for any water flooded into the field of his neighbor
justinian code
judge made laws
Riparian Doctrine/Common Law of Water
water in a stream belongs to the public for navigation

riparian owners may make reasonable use of the water so long as it does not injur riparians that are downstream

return diverted water unchanged in quality or quantity
spanish water law
water couldn't be diverted for agricultural use without permission from the crown
how does an international river get divided up
50:50 at the thalwag
what are the 3 main principles of the non navigational watercourse treaty
reasonable and equitable use
no harm
prior notification
how did iraq had leverage to get water from turkey
oil during the time to hussein
where do riparian rights extend to
center of the stream
can riparians divert water to anotherbasin
no
explain the significance of the 100th meridian
divides the water precipiation in the US

west is drier than east

separates two types of dominant water doctrines
what is the dominant doctrine east of the meridian
riparian law
what is the dominant doctrine west of the meridian
prior appropriation
what are the key principles of riparian doctrine as practiced in the US today
reasonable use and no harm

correlative rights-no priority to use and riparians share total flow based upon percentage of the waterfront owned along the stream
prior appropriation
began at gold rush
first come first serve
amount that can be used is based upon historical quantity

use it or lose it policy
what is a problem with prior appropriation
historical quanitities may not be reflective of current quantitites
explain the role of the US Army Corps in water policy
1899 RHA- control all construction that has the potential to harm navigation on navigable waters of the US

Flood Control Act-control dams on Miss

CWA- control the discharge of dredged or fill material into the waters of the US-quality monitoring
Explain the role ofes the Bureau of Reclamation in water policy
works primarily in water allocation in the West

develops irrigation projects to promote settling in the west
explain the role of USGS in water policy
flood prediction and modeling
water supply forecasting and management
montioring water quality
compliance with international treaties
water rights adjudication
mapping of major aquifers
explain the role of FWS in water policy
cooperate with EPA to promote ESA

Protect, conserve, and enhance fish,
wildlife, plants, and their habitats
Explain the role of the EPA
power to enforce environmental laws

water pollution control
cwa
NEPA
summarize the CWA
-creates permits for discharges NPDES
-protects lakes, rivers, estuaries, and wetlands
-controls the discharge of dredged materials
safe water drinking act
created the source water protection program
created federal standards for drinking water
what two majors acts preceded the CWA
RHA
Fed Water Pollution Control Act
Clean Water Restoration Act
amended the CWA to change "navigable waters" to "waters of the united states"
what are waters of the US
all waters subject to the ebb and flow of the
tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including
lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs,
prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the
foregoing
discharge that is not affected bythe CWRA
-agricultural run off
-stormwater from oil, gas, and mining
-dredge and fill from farming, silviculture, etc
-managing structures like dams
explain the role of the national park service in water policy
they have federally owned rights to water
what role does ferc play in water policy
they use permitting of dams to implement ESA
what role dose the national marine fisheries service place in water policy
protection of marine mammals in us

protection and reintroductin of salmon in pnw
explain oregon's principles in prior appropriation
-water belongs to the public
-any right to water is assigned by the state
-water use follows the prior appropriation system that the older gets priority over newer
-permits issued for beneficial use, without waste
what are some consequences of oregon's prior appropriation
if the older owner wants to use it, then the newer has to stop

use it or lose it

water rights are tied to land rights
what are 3 ways that water policy is implemented in the US
-command and control
-local control and stakeholder participation
-techno fixes
give an example of command and control
EPA inspecting and giving out fines

NPDES permits
give an example of local control and stakeholder involvement
empowering indiv to care about their watersheds

watershed councils

education
give an example of techno fixes
dams having fish ladders
rule of capture
if you own land, you own the water beneath you

ex of ATS

no restrictions
NRCS uses what method of policy implementation?
local control and stakeholder involvement
US Army Corp, what type of implementation?
command and control
FERC implementation?
command and control through permitting
NMFS implementation?
techno fixes
US FWS implementation
command and control permit
techno fixes
what is a "beneficial use"
the greatest good for the greatest amount of people
what is the policy of instream flows
the idea of maintaining a given flow for a river in order to keep the habitat in proper condition

The maintenance of minimum perennial
stream flows sufficient to support aquatic
life, to minimize pollution, and to maintain
recreation values shall be fostered and
encouraged…
what is the problem with instream flows
they do not take seasonal flow and species into account
in india, what is the most profitable industry for water to placed?
industry