Proposal for a model state watershed management act.
I. INTRODUCTION II. DESIGN PARAMETERS FOR WATERSHED MANAGEMENT LAW III. THE NEED FOR A STATE-LEVEL WATERSHED MANAGEMENT INITIATIVE IV. KEY FEATURES OF THE MODEL STATE WATERSHED MANAGEMENT ACT V. THE PROPOSED INSTITUTIONAL FRAMEWORK A. State Watershed Management Agency B. Regional Watershed Coordination Agencies C. Local Watershed Management Councils VI. CONCLUSION VII. APPENDIX I
The progress of watershed management stands at a fork in the political road. It is widely agreed that implementing watershed management, to the extent it grows in importance as an organizing policy foundation, is complicated by the mismatch mismatch
1. in blood transfusions and transplantation immunology, an incompatibility between potential donor and recipient.
2. one or more nucleotides in one of the double strands in a nucleic acid molecule without complementary nucleotides in the same position on the other between watershed boundaries and conventional political boundaries. (7) Finding the right "fit" between the two realms presents difficult choices when constructing political institutions. On the one hand, as we increasingly understand that the "problemshed" of most water quality and water quantity issues corresponds more closely to geographically delineated de·lin·e·ate
tr.v. de·lin·e·at·ed, de·lin·e·at·ing, de·lin·e·ates
1. To draw or trace the outline of; sketch out.
2. To represent pictorially; depict.
3. watersheds, (8) proposals for new watershed-based political structures have grown more focused. (9) On the other hand, many local government authorities have extended beyond their traditional role as land-use regulators into environmental protection and resource conservation, giving many watershed management advocates hope that existing local political structures may play a central role in shaping and implementing watershed management policy. (10) Watershed management, it seems, is as much a political science as it is a physical science. (11)
The connection between the physical and political dynamics of watersheds has become increasingly apparent. Decades ago researchers demonstrated that land-use patterns within watersheds have a dominant influence on the hydrologic regime, water quality, and physical habitat of streams and rivers, and on the ecological interactions that take place in the aquatic ecosystem An aquatic ecosystem is an ecosystem located in a body of water. Communities of organisms that are dependent on each other and on their environment live in aquatic ecosystems. The two main types of aquatic ecosystems are marine ecosystems and freshwater ecosystems. . (12) More recently, researchers have targeted restoration of the physical integrity of rivers while using a watershed framework across a wide range of geographic environments, focusing on facilitating the dynamics of rivers as the key to reversing the rapid decline of aquatic ecosystems in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . (13) In short, watershed-based problems--including river fragmentation from the construction of dams, the loss of riverine riv·er·ine
1. Relating to or resembling a river.
2. Located on or inhabiting the banks of a river; riparian: "Members of a riverine tribe ... wetlands, and the separation of river channels from floodplains through levees--demand watershed-based solutions.
Accordingly, the need for watershed-based land-use and resource management has gradually been integrated into concrete policy objectives. The idea itself is not new by any means, (14) and numerous historical antecedents to watershed-based policy frameworks exist, (15) but none are as comprehensive as what we are witnessing today. For example, the most recent Army Corps of Engineers Strategic Plan identifies environmental repair on a watershed basis as one of its primary goals. (16) The United States Environmental Protection Agency "EPA" redirects here. For other uses see EPA (disambiguation) and Environmental Protection Agency.
The Environmental Protection Agency (EPA or sometimes USEPA (EPA EPA eicosapentaenoic acid.
n.pr See acid, eicosapentaenoic.
n. ) has recently taken even broader steps than the Army Corps of Engineers by committing itself to pursuing "multi-stakeholder efforts within hydrologically defined boundaries to protect and restore our aquatic resources and ecosystems." (17) This "watershed or 'place-based' approach" is, according to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. the initiative, "one of the most important environmental guiding principles" for the current administration. (18) At least twenty states have also adopted some form of statewide watershed management policy for purposes of managing at least some aspects of water quality protection. (19) It is not surprising, therefore, that the National Research Council recently concluded that "[m]any factors are converging to cause citizens, scientists, resource managers, and government decisionmakers to look increasingly to watershed management as an approach for addressing a wide range of water-related problems." (20)
Nevertheless, while the need for a watershed-based approach has become a basic tenet TENET. Which he holds. There are two ways of stating the tenure in an action of waste. The averment is either in the tenet and the tenuit; it has a reference to the time of the waste done, and not to the time of bringing the action.
2. of policy, it is not nearly as clear how to match political structures to the problem so defined. The EPA has established the Watershed Management Council, comprised of representatives from the agency's headquarters and regional offices, to integrate the watershed into the agency's planning and policy apparatus. But the initiative contemplates no explicit federal, state, or local governance structure for watershed management. Indeed, EPA observes that "there can be many variations in the specific approaches states use to implement programs on a watershed basis" and thus declines to suggest a particular watershed management model, leaving it instead for the states to implement "the approaches they find work best for them." (21) Yet, while we applaud EPA's movement toward the watershed approach, we are concerned with the agency's apparent indifference to the absence of a model for the development of state watershed management law.
Being far from indifferent about the matter, in this Article we take the step of proposing a framework for a model state watershed management law. Our model law establishes a three-tiered governance structure within which the authority, expertise, and accountability for watershed-based decision malting malt
1. Grain, usually barley, that has been allowed to sprout, used chiefly in brewing and distilling.
2. An alcoholic beverage, such as beer or ale, brewed from malt.
3. See malted milk.
v. are carefully distributed so as to balance the physical and political realities of watersheds and watershed management. In Part II of this Article, we lay out what we believe are the critical design parameters for any legal framework intended to implement the watershed management approach across large geographic scales. In Part III, we explain our reasons for proposing a model state enabling law rather than either a comprehensive federal regulatory law or a model local ordinance A local ordinance is a law usually found in a municipal code. In the United States, these laws are enforced locally in addition to state law and Federal law. See also
II. DESIGN PARAMETERS FOR WATERSHED MANAGEMENT LAW
The objective of treating watershed-based problems through watershed-based political institutions raises many foundational issues. In particular, three themes emerge as critical to the discussion of watershed-based political structures. First, watersheds, even where they can be clearly delineated, come in many sizes, and their different scales often are "nested" in hierarchies of relatedness. (22) In a large riverine system, for example, the cumulative impacts of land-use actions taken in countless small tributary watersheds may have profound impacts in the river mainstem and estuary estuary (ĕs`chĕr'ē), partially enclosed coastal body of water, having an open connection with the ocean, where freshwater from inland is mixed with saltwater from the sea. . Seasonal hypoxia hypoxia
Condition in which tissues are starved of oxygen. The extreme is anoxia (absence of oxygen). There are four types: hypoxemic, from low blood oxygen content (e.g., in altitude sickness); anemic, from low blood oxygen-carrying capacity (e.g. in the northern Gulf of Mexico Noun 1. Gulf of Mexico - an arm of the Atlantic to the south of the United States and to the east of Mexico
Golfo de Mexico
Atlantic, Atlantic Ocean - the 2nd largest ocean; separates North and South America on the west from Europe and Africa on the east offers a striking example of such cumulative impacts. (23) Hence, one core issue of watershed management is the scale at which to design watershed-based political institutions and how the related nature of different physical scales can be reflected in political boundaries.
Second, even using watershed-based political boundaries, water quality and water quantity issues cannot always be described and addressed though intrashed features, or even through exclusively water-based features. Air pollution from sources within or even beyond a watershed's boundary may profoundly affect its water quality, (24) and water supply demands from local or distant populations can impair im·pair
tr.v. im·paired, im·pair·ing, im·pairs
To cause to diminish, as in strength, value, or quality: an injury that impaired my hearing; a severe storm impairing communications. water availability in a watershed. (25) Yet as the political unit's scope of authority increases both in geographic extent and in subject matter, the institution's legitimacy to effect change at local levels may be more difficult to establish and maintain. (26) Accordingly, once their boundaries are delineated, what is the appropriate geographic and substantive scope of authority for watershed-based political units?
Finally, as watershed-based political institutions would serve limited purposes, conventional political entities such as cities and counties would surely continue to exist for many other purposes. Presumably pre·sum·a·ble
That can be presumed or taken for granted; reasonable as a supposition: presumable causes of the disaster. , however, some of the authority previously enjoyed by various existing political entities would be transferred to or shared by the new watershed-based institutional structure. Thus, watershed management policy must confront the question of how watershed-based political institutions will be "overlain o·ver·lain
Past participle of overlie. " on the existing political framework such that these divisions of authority are clear and respected.
In his sweeping exploration of the state of watershed management initiatives, Professor Robert Adler Robert Adler (December 4 1913 - February 15 2007) was an Austrian-born American inventor who held numerous patents. Achievements
Adler was born in Vienna, and earned a Ph.D. in Physics from the University of Vienna in 1937. anticipates these three themes in his discussion of five basic "design issues" for watershed management institutions--the definition of scale, boundary, control, mission, and consistency. (27) The three themes also arise in later studies examining the issue of watershed management in general, (28) as well as in studies of specific watershed projects and settings such as the Chesapeake Bay Chesapeake Bay, inlet of the Atlantic Ocean, c.200 mi (320 km) long, from 3 to 30 mi (4.8–48 km) wide, and 3,237 sq mi (8,384 sq km), separating the Delmarva Peninsula from mainland Maryland. and Virginia. , (29) watershed groups in California, (30) and in our own interdisciplinary work examining the historical, political, and economic aspects of watershed planning in southern Illinois. (31) Our study of the issue has led us to conclude that several overarching o·ver·arch·ing
1. Forming an arch overhead or above: overarching branches.
2. Extending over or throughout: "I am not sure whether the missing ingredient . . . institutional design goals should shape the approach taken to answering these three foundational questions. The institutional design goals are as follows:
1) The institutional structure for watershed management must enjoy the type of power and authority generally associated with centralized cen·tral·ize
v. cen·tral·ized, cen·tral·iz·ing, cen·tral·iz·es
1. To draw into or toward a center; consolidate.
2. administrative governments, such as the federal or state governments, but must also be capable of establishing democratically based legitimacy at regional and local levels where many regulatory actions are implemented. This requires going beyond federal or state laws enabling local districts to take action. Rather, much like watersheds themselves, a nested hierarchy of interrelated in·ter·re·late
tr. & intr.v. in·ter·re·lat·ed, in·ter·re·lat·ing, in·ter·re·lates
To place in or come into mutual relationship.
in federal, state, and local governmental authorities will be necessary.
2) The institutional structure must have the authority and the responsibility to manage watershed issues "holistically" on a system level. This requires, at a minimum, some form and level of authority over surface and ground water, over water quality and water quantity, and over key physical and biological effects on aquatic ecosystems such as flood control, soil conservation, wetlands conservation, fisheries fisheries. From earliest times and in practically all countries, fisheries have been of industrial and commercial importance. In the large N Atlantic fishing grounds off Newfoundland and Labrador, for example, European and North American fishing fleets have long , recreation, stream entrenchment, dams, reservoirs, pollutant pol·lut·ant
Something that pollutes, especially a waste material that contaminates air, soil, or water. sources, and land uses with significant watershed impacts.
3) The institutional structure must rely on more than voluntary governance and voluntary compliance with specified standards and goals. In particular, where implementation relies on local units of governance, accountability must be lodged at the local level. The full range of financing mechanisms should be made available (e.g., taxes, fees, surcharges, bonds) and the full range of compliance instruments should be capable of being used effectively as appropriate (e.g., regulatory and market-based incentives, reporting and information requirements The information needed to support a business or other activity. Systems analysts turn information requirements (the what and when) into functional specifications (the how) of an information system. , planning requirements, voluntary actions).
4) The institutional structure must have the capacity--the budget, staff, and expertise--to carry out complex scientific, economic, and social analysis functions, as well as the responsibility to make policy and regulatory decisions through public, transparent procedures based on the record of the best available evidence it generates through its capacities.
5) The institutional structure should be generalizable gen·er·al·ize
v. gen·er·al·ized, gen·er·al·iz·ing, gen·er·al·iz·es
a. To reduce to a general form, class, or law.
b. To render indefinite or unspecific.
2. across watershed types, scales, and political units, and the information-gathering capacity and protocols should be standardized standardized
pertaining to data that have been submitted to standardization procedures.
standardized morbidity rate
see morbidity rate.
standardized mortality rate
see mortality rate. so as to allow sharing of information vertically (e.g., within a state from local to higher levels) and horizontally (e.g., between local districts and between states).
Our proposed framework for a model state watershed management taw is intended to make these five design goals operational. A critical premise of our approach, to which we turn in the next section, is that doing this requires a comprehensive and coordinated effort led by the states--that is, not the federal or local governments--and implemented at several levels of governance within each state.
III. THE NEED FOR A STATE-LEVEL WATERSHED MANAGEMENT INITIATIVE
Many of our nation's environmental policy concerns have been addressed through comprehensive federal regulatory laws, such as the Clean Water Act (32) and Clean Air Act, (33) that rely heavily on nationally prescribed standards and centralized regulatory and policy decision making. (34) While states often play a large role in administration and enforcement of these federal statutes, federal authority is paramount and local autonomy is minimal. (35) These laws have unquestionably un·ques·tion·a·ble
Beyond question or doubt. See Synonyms at authentic.
un·question·a·bil led to tremendous gains in environmental quality, (36) but their model is seldom offered as the solution to issues most frequently cited as the challenges of the future for environmental policy, such as diffuse nonpoint non·point
Not found or located at a single, definable point, as pollution whose source cannot be ascertained. source water pollution from urban and agricultural land uses. (37)
Indeed, several factors strongly suggest that a comprehensive federal regulatory law is not the most effective or efficient vehicle for carrying out the policy challenges our design parameters present. First, watersheds vary across many dimensions throughout the national landscape and respond primarily to local land-use and water-use actions. It is difficult to envision a set of nationally uniform standards, such as the approach taken in the Clean Water Act and Clean Air Act, (38) for managing them that could be efficiently implemented. Second, support for centralized regulation of natural resources, in general, has eroded e·rode
v. e·rod·ed, e·rod·ing, e·rodes
1. To wear (something) away by or as if by abrasion: Waves eroded the shore.
2. To eat into; corrode. the desire for more state and local control of key land-use decisions. The Strategic Plan of the Army Corps of Engineers, for example, emphasizes stronger local partnerships with "a shift from regulator/advisor to facilitator/partner" relationships with local governments and stakeholder stakeholder n. a person having in his/her possession (holding) money or property in which he/she has no interest, right or title, awaiting the outcome of a dispute between two or more claimants to the money or property. groups. (39) EPA's recent statement of commitment to the watershed approach adopts the same theme. (40) A federal regulatory statute governing watershed management would thus risk failure to establish legitimacy at local levels.
On the other hand, we would not suggest that the federal government remove itself entirely from the objective of influencing state and local watershed management initiatives. As the Coastal Zone Management Act The Coastal Zone Management Act of 1972 (16 USC 1451-1464, Chapter 33; Pub.L. 92-583, October 27, 1972; 86 Stat. 1280) was an Act of the United States Congress passed in 1972 to encourage coastal states to develop and implement coastal zone management plans. (CZMA CZMA Coastal Zone Management Act of 1972 (USA) ) (41) illustrates, federal law can be useful as a motivator for state action without intruding in·trude
v. in·trud·ed, in·trud·ing, in·trudes
1. To put or force in inappropriately, especially without invitation, fitness, or permission: on basic design choices. (42) There are undoubtedly some national objectives for watershed management (e.g., to address nonpoint source pollution Nonpoint source pollution (NPS) does not come from a single source like point source pollution. It comes from many different sources with no specific solution to rectify the problem, making it difficult to regulate. , to conserve endangered species endangered species, any plant or animal species whose ability to survive and reproduce has been jeopardized by human activities. In 1999 the U.S. government, in accordance with the U.S. ), which, while not lending themselves to nationally uniform standards, may nonetheless justify federal support for states that satisfy the national concerns as they become increasingly and more formally involved in watershed management within their boundaries. Like the CZMA, a federal watershed initiative could express broad national goals and standards and establish a mechanism for states to submit their respective watershed management programs for federal approval, offering in return federal financial support for design and implementation as well as the commitment that federal agencies will not carry out, fund, or authorize To empower another with the legal right to perform an action.
The Constitution authorizes Congress to regulate interstate commerce.
authorize v. to officially empower someone to act. (See: authority) actions inconsistent with the state plan. At the very least, the federal government can and ought to maintain an important role as a source of scientific data and research that has broad usefulness to state-based watershed institutions and as an environmental engineering contractor, such as through the Army Corps of Engineers. At the most, however, the federal government might consider ways to influence state policy through a statute, like the CZMA, that provides cooperative support for state action. Full-blown command-and-control style federal regulation imposing watershed management is not advised.
For different--but equally compelling--reasons, effective watershed management regimes cannot rely exclusively on the initiative of local governance, particularly if channeled through conventional local political entities. Even putting aside the lack of match between conventional local political boundaries and watersheds, local governments face several constraints to effective watershed management. First, while most state political systems allow considerable local authority--certainly enough to establish watershed ordinances--management of transboundary effects often lies outside their authority or is able to be undertaken only through burdensome interlocal coordination procedures. (43) Second, many watershed management issues will present difficult political choices with potentially significant economic consequences, and local governments, particularly those constituted by popular election, may be reluctant to make economic sacrifices not being made by others. (44) Finally, even with most local governments committed to watershed management, it is doubtful that all could afford the intensive scientific, social, and economic data gathering and analysis necessary to carry it out effectively. Small rural counties, for example, are already hard-pressed to support water quality requirements of the Safe Drinking Water Act The Safe Drinking Water Act (SDWA) is a United States federal law passed by the U.S. Congress on December 16, 1974. It is the main federal law that ensures safe drinking water for Americans. . (45) It is not surprising, therefore, that soil and water conservation districts, which in many states are elected and have political boundaries corresponding to county borders, have generally failed to live up to their promise of comprehensively managing soil and water quality issues. (46) The emerging generation of "place-based" resource management proposals, while stressing local autonomy, should strive to avoid repeating that history. (47)
Hence, on the one hand there is good reason to believe that the federal government should not attempt to initiate a sweeping federal regulatory scheme for national watershed management. On the other hand, watershed-based management cannot effectively rely exclusively on the initiative and authority of local governance. States, therefore, will have to carry the primary burden of designing and empowering the institutional structure for watershed management. Nevertheless, several of our design parameters also suggest that states should design their internal political frameworks around a hierarchy of physical watershed units and should consider ways to achieve interstate coordination of their respective watershed management efforts. One advantage of initiating watershed management at the state level is to accommodate watershed policy diversity across states and within states. By sharing the same basic governance framework, states can more freely exchange data and experience, and thus work in a more coordinated and efficient pattern to solve both intrastate in·tra·state
Relating to or existing within the boundaries of a state.
Adj. 1. intrastate - relating to or existing within the boundaries of a state; "intrastate as well as interstate commerce" and interstate watershed problems.
Historical experience also indicates that state-based institutions can be effective in managing hydrologic processes on a watershed scale, For example, drainage districts authorized au·thor·ize
tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es
1. To grant authority or power to.
2. To give permission for; sanction: under model legislation by all Midwestern and several other states in the late nineteenth century were all too successful in accomplishing the goal of large-scale drainage of wetlands for agricultural development by applying the governmental powers of taxation and eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in . (48) With different purposes in mind, of course, we concur CONCUR - ["CONCUR, A Language for Continuous Concurrent Processes", R.M. Salter et al, Comp Langs 5(3):163-189 (1981)]. in the following National Research Council's finding:
Organizations for watershed management are most likely to be effective if their structure matches the scale of the problem. Individual local issues related to site planning, for example, should be the purview of local self-organized watershed councils, while larger organizations should deal with broader issues. These larger organizations, however, must include the nested smaller watershed groups within their areas of interest, and must account for downstream interests. (49)
Developing a model framework for a state watershed management law is thus an appropriate exercise.
IV. KEY FEATURES OF THE MODEL STATE WATERSHED MANAGEMENT ACT
Our model framework for a state watershed management law draws on the experience of several states in the related fields of land-use controls Activities such as Zoning, the regulation of the development of real estate, and city planning.
Land-use controls have been a part of Western civilization since the Roman Empire in 450 b.c. and water quality management, as well as on our jointly coordinated research in Illinois focusing on the locally perceived legitimacy of watershed planning (50) and on the responsiveness of landowners and landscapes to differing policy environments. (51) Several states, such as Florida, have adopted multi-tiered approaches to these problems of land-use planning and resource allocation resource allocation Managed care The constellation of activities and decisions which form the basis for prioritizing health care needs . For example, Florida's land-use planning programs rely on local governments to prepare comprehensive land-use plans, which are then weighed against a set of state land-use standards for consistency with state goals. (52) Some land-use projects also are evaluated for their regional impact--i.e., impact that extends beyond political boundaries. (53) Therefore Florida uses a blend of different scales of authority (state, regional, and local) and sources of legitimacy (elected and appointed) in a variety of land-use and resource management contexts, and in some cases has designed political units around the resource problem rather than the reverse. Many other states have attempted to develop land-use regimes that integrate state, regional, and local planning. (54)
Washington's Watershed Planning Act, which is based on local geographic areas known as Water Resource Inventory Areas, (55) and Oregon's Watershed Health Program, which operates in part through Watershed Councils, (56) provide examples of states entering the watershed management realm with this kind of integrated, hierarchical approach. Similarly, Florida uses a regional approach to manage many of its water quality and allocation issues, through its several Water Quality Management Districts, each of which is defined by regional watershed boundaries. (57) Overall, however, most states purporting to adopt statewide watershed management approaches omit o·mit
tr.v. o·mit·ted, o·mit·ting, o·mits
1. To fail to include or mention; leave out: omit a word.
a. To pass over; neglect.
b. important water resource authorities from the program, such as wetlands protection, coastal land-use regulation, water quality standards, and even nonpoint source pollution control, and fail to link watershed management with local planning and zoning decisions. (58)
In contrast, the new Quebec Water Policy in Canada features an innovative approach to managing provincial water resources that is based on "grassroots participation and the democratization de·moc·ra·tize
tr.v. de·moc·ra·tized, de·moc·ra·tiz·ing, de·moc·ra·tiz·es
To make democratic.
de·moc of information." (59) Among the central tenets of this new vision is "water governance reform," which is organized around watershed management and leadership at both local and regional levels under the provincial guidance of the government of Quebec. The revision of water governance now under way includes establishing mechanisms for implementing the "user-pays" and "polluter-pays" principles that are supported by a variety of economic mechanisms. The revision also calls for the implementation of watershed-based management built on the principle of sustainable development Sustainable development is a socio-ecological process characterized by the fulfilment of human needs while maintaining the quality of the natural environment indefinitely. The linkage between environment and development was globally recognized in 1980, when the International Union . A Minister of State has been appointed to oversee the vertical integration of water management that, among numerous other charges, calls for accountability of all concerned parties, (60)
At the national level, Brazil (61) and Australia (62) also have engaged in institution-building processes to improve land management practices on a watershed basis. New Zealand New Zealand (zē`lənd), island country (2005 est. pop. 4,035,000), 104,454 sq mi (270,534 sq km), in the S Pacific Ocean, over 1,000 mi (1,600 km) SE of Australia. The capital is Wellington; the largest city and leading port is Auckland. went further by enacting the Resource Management Act of 1991 and the country has experienced considerable success by organizing environmental administration around watersheds as districts. (63)
Borrowing, combining, and enhancing a number of features from these examples, we have designed a multi-tiered approach that can distribute funding, authority, and other resources in a way that addresses many of the design parameters discussed above. In particular, our approach aims to establish legitimacy for watershed management at the local level while not sacrificing broader state and regional concerns. The framework relies on creating and coordinating institutions at three levels of government, including: 1) the state watershed management agency, 2) appointed regional watershed coordination districts, and 3) elected local watershed management councils. Each level of government must prepare a watershed management plan for its respective scale of focus. In the case of the regional and local entities, the plan must be consistent with the plan that is vertically above it in the tiered system. The state agency would continue to direct policy for matters of statewide concern, including developing a state watershed management plan, but would delegate most watershed management policy development, implementation, and enforcement authority to the regional districts. The regional districts would develop regional plans to implement the state plan, and would be the locus of most planning and policy expertise. They would have staffs including engineers, biologists, economists, hydrologic modelers, information specialists, conservation experts, and lawyers. Yet the regional districts would still rely in large part on the elected local councils for final policy development, implementation, and enforcement.
To fulfill this role, the local councils must be more than mere "special districts" (lest they wither the way many other special district initiatives have), and more than conventional local governments. The local councils would be organized around watershed-based boundaries and held accountable to state and regional interests through the requirement that their local plans be consistent with the regional (and thus state) plans. Perhaps even more importantly, local councils would coordinate the review of all land-use decisions by other existing state and local authorities, such as state highway agencies and municipal and county zoning authorities, for consistency with the state, regional, and local watershed management plans. This would extend the policy reach of watershed planning beyond the direct management of water resources.
This framework allows our institutional structure to match the physical realities of watersheds in both the vertical and horizontal dimensions. The vertical integration of local, regional, and state planning and regulatory authority Noun 1. regulatory authority - a governmental agency that regulates businesses in the public interest
administrative body, administrative unit - a unit with administrative responsibilities matches the nested hierarchies of watershed scales. The ability at each level of this structure to examine the horizontal impacts the decisions of other governmental authorities have on watershed resources matches the dynamics of watershed processes at each physical scale. Accounting for each of these dimensions in the institutional design is necessary for successful implementation of watershed management, but none of these features is sufficient alone.
V. THE PROPOSED INSTITUTIONAL FRAMEWORK
Using the three-tiered institutional structure described above, we propose distributing watershed management responsibility and authority as follows:
A. State Watershed Management Agency
Every state has a state agency responsible for developing law and policy for the protection of water quality. Many states also have a state agency or set of institutions responsible for water allocation. Under our proposal, the two functions would be consolidated into a single state agency or division referred to as the State Watershed Management Agency. This agency would continue to serve as the original authority for statewide water quality and quantity regulation, and would implement federal laws, such as the Clean Water Act's water quality standards and impaired water lists. Under the state watershed law, however, the agency would also be required to:
1) Prepare a State Watershed Management Plan specifying the goals for watershed management in the state. (64)
2) Delegate responsibility to Regional Watershed Coordination Agencies (RWCA) for implementing programs that affect "matters primarily of regional or local watershed significance." Matters of primarily regional or local watershed significance would be defined in the statute to include: a) rules and decisions specified in the statute, and b) any other types of rules or decisions that the State Watershed Management Agency prescribes by rule. (65)
3) Include in its deliberations on statewide decisions and rules within its authority any information and comments supplied by RWCAs. (66)
4) Review the Regional Watershed Management Plans for compliance with the State Watershed Management Plan and provide corrective elements in case a plan is deficient. (67)
5) Review and comment on the actions of all other state and regional agencies that are deemed to have "substantial watershed effects watershed effect
ischemic lesions, caused by slow flow of blood because of poor arterial perfusion, which occur at the periphery of a circulatory field where there is an inadequate collateral circulation. ." Substantial watershed effects are any effects the State Watershed Management Agency concludes could substantially interfere with the State Watershed Management Plan, any Regional Watershed Management Plan, or any Local Watershed Management Plan. (68)
B. Regional Watershed Coordination Agencies
The Regional Watershed Coordination Agencies (RWCAs) will he organized based to the extent practicable on the 222 subregional hydrological hy·drol·o·gy
The scientific study of the properties, distribution, and effects of water on the earth's surface, in the soil and underlying rocks, and in the atmosphere. units the United States Geological Survey The United States Geological Survey (USGS) is a scientific agency of the United States government. The scientists of the USGS study the landscape of the United States, its natural resources, and the natural hazards that threaten it. (USGS USGS United States Geological Survey (US Department of the Interior) ) has defined for the nation, (69) as constrained con·strain
tr.v. con·strained, con·strain·ing, con·strains
1. To compel by physical, moral, or circumstantial force; oblige: felt constrained to object. See Synonyms at force.
2. by state boundaries Noun 1. state boundary - the boundary between two states
border, borderline, boundary line, delimitation, mete - a line that indicates a boundary . RWCAs will be appointed boards with significant staff and budgets. Because they will take over many functions previously managed by the state agency, their budgets will be state appropriated. Each RWCA will do the following:
1) Establish the Local Watershed Management Council boundaries as it deems appropriate, but to the maximum extent practicable according to the 2150 USGS watershed cataloging units. (70)
2) Establish a Regional Watershed Management Plan (RWMP) demonstrating how it will satisfy compliance with a) all federal and state laws governing water quality and quantity, and b) the State Watershed Management Plan. (71)
3) Decide all matters of primarily regional watershed significance that are prescribed in the statute or by the State Watershed Management Agency. (72)
4) Review Local Watershed Management Plans and develop one for any Local Watershed Management Council that fails to meet the State Watershed Management Plan and Regional Watershed Management Plan criteria, (73)
5) Define Special Watershed Areas. (74)
6) Define the criteria for land-use and water project developments to be classified as a Development of Regional Watershed Impact. (75)
7) Review local government land-use and water project decisions that are either a) in Special Watershed Areas, or b) for a Development of Regional Watershed Impact, and impose the conditions it deems necessary to ensure compliance with the Regional Watershed Management Plan. (76)
8) Hear appeals from local governments and citizens of Local Watershed Management Council decisions on local government land-use and water project development matters, including whether a project is in a Special Watershed Area or is a Development of Regional Watershed Impact. (77)
9) Provide the scientific, economic, and social-data gathering and analysis capacity for implementation of the Regional Watershed Management Plan and the various Local Watershed Management Plans within its jurisdiction. (78)
10) Notify the State Watershed Management Agency of any state agency or regional agency action it believes may substantially interfere with the Regional Watershed Management Plan. (79)
11) Serve as the primary points of contact for the state with federal agencies, such as the Army Corps of Engineers, with respect to past, present, and future civil and environmental development projects that may have a substantive impact on the achievement of the Regional Watershed Management Plan. (80)
C. Local Watershed Management Councils
The Local Watershed Management Councils would be generally elected local governmental bodies. (81) They would have the following authorities and responsibilities:
1) Prepare a Local Watershed Management Plan demonstrating how the Council will achieve compliance with the Regional Watershed Management Plan. (82)
2) Review all local government land-use and water project development applications. Local governments, defined to include municipalities, counties, and other special entities such as irrigation irrigation, in agriculture, artificial watering of the land. Although used chiefly in regions with annual rainfall of less than 20 in. (51 cm), it is also used in wetter areas to grow certain crops, e.g., rice. districts and soft conservation districts with jurisdiction extending to all or part of the Council's area, would be required to provide advance notice of their proposed actions and decisions to the Council. The Council then would either a) find the matter has no significant local watershed, regional watershed, or Special Watershed Area impacts and take no action, b) for those matters the Council deems to have the potential for significant local watershed impacts, provide the conditions the Council deems necessary to ensure compliance with the Local Watershed Management Plan to local governments, or c) for those matters the Council deems to be located in Special Watershed Areas or to constitute a Development of Regional Watershed Impact, refer the matter to the Regional Watershed Management District. (83)
3) To acquire (including by eminent domain) and manage lands it deems important to local watershed management and fulfillment of the Local Watershed Management Plan. (84)
4) To finance its operations through property taxes, recreational-user fees, water-utility fees, and development-permit fees, including fees levied as a surcharge An overcharge or additional cost.
A surcharge is an added liability imposed on something that is already due, such as a tax on tax. It also refers to the penalty a court can impose on a fiduciary for breaching a duty. , and through bonds, (85)
5) To notify the State Watershed Management Agency of any state or regional agency action it believes may substantially interfere with the Local Watershed Management Plan. (86)
6) To develop processes for citizen volunteers to participate in the development of Local Watershed Management Plans through planning forums undertaken at the sub-basin level as delineated by the Council. (87)
The challenges of water resource management in the United States traditionally have been water resource development, structural flood control, and centralized treatment of drinking water drinking water
supply of water available to animals for drinking supplied via nipples, in troughs, dams, ponds and larger natural water sources; an insufficient supply leads to dehydration; it can be the source of infection, e.g. leptospirosis, salmonellosis, or of poisoning, e.g. and wastewater. Increasingly, however, the focus is shifting to the management of land uses to prevent polluted pol·lute
tr.v. pol·lut·ed, pol·lut·ing, pol·lutes
1. To make unfit for or harmful to living things, especially by the addition of waste matter. See Synonyms at contaminate.
2. runoff Runoff
The procedure of printing the end-of-day prices for every stock on an exchange onto ticker tape.
If the "tape is late" then it can take a long time to print off all the closing prices. and groundwater contamination, the restoration of the physical integrity of rivers to reverse declines in aquatic ecosystems, and the promotion and protection of environmental services The various combinations of scientific, technical, and advisory activities (including modification processes, i.e., the influence of manmade and natural factors) required to acquire, produce, and supply information on the past, present, and future states of space, atmospheric, those ecosystems could potentially produce. This shift in goals also requires a shift in institutional structure from a system of congressional appropriations for cost-sharing of largely federalized civil and environmental engineering projects to a system of watershed-based, state-facilitated, locally led planning and management of economic incentives. In most states, unfortunately, these institutions do not exist in a form that has the political power and local legitimacy necessary to accomplish these goals.
In this Article we have proposed a structure for such institutions that is amenable AMENABLE. Responsible; subject to answer in a court of justice liable to punishment. to wide application among the fifty states and is guided by the political and other considerations required to meet twenty-first century challenges in water resources management. We acknowledge that in many states the proposal would add to the "layers" of governmental structure and for that reason will not be politically popular. These layers, however, are designed to match politics with the physical reality of one of our nation's most important resources--water. We believe the layers are worth considering. Every jurisdiction, state or national, that has seriously undertaken watershed management implementation has arrived at the same conclusion.
We welcome comments on the proposal at this stage, as we plan to undertake the task of putting meat on its bones by drafting its specific provisions.
VII. APPENDIX 1
Geographical comparison of 38 U.S. Army Corps of Engineers Districts, 222 U.S.G.S. water resource regions, and, for the state of Illinois, its 52 USGS watersheds.
(1) Matthews & Hawkins Professor of Property, Florida State University College of Law Florida State University College of Law, a law school in the Southeastern U.S., is one of the professional graduate schools of Florida State University, located in Tallahassee, Florida. The law school borders the South-East quadrant of the University's campus, near the Donald L. , Tallahassee, Florida For other uses, see Tallahassee (disambiguation).
Tallahassee is the capital of the State of Florida and the county seat of Leon County. Tallahassee became the capital of Florida in 1824. As of 2006, the population recorded by the U.S. . Please direct comments or questions on this article to firstname.lastname@example.org.
(2) Department Chair and Professor, Geography Department of Southern Illinois University-Carbondale, Carbondale, Illinois Carbondale is a city in Southern Illinois in the midwest United States, is 96 miles or about two hours south of Saint Louis, Missouri. It is known mainly as the site of the main campus of Southern Illinois University. The city is located in Jackson County, Illinois. .
(3) Director, Heidelberg College Heidelberg College is a liberal arts college located in Tiffin, Ohio. Founded in 1850 by the German Reformed Church and currently affiliated with the United Church of Christ, the school has grown from an initial graduating class of five to its current enrollment of approximately Water Quality Laboratory, Tiffin, Ohio Tiffin is a city in the U.S. state of Ohio and the county seat of Seneca County.GR6 The population was 18,135 at the 2000 census.
It is the home of Heidelberg College and Tiffin University. .
(4) Department Chair and Professor, Agribusiness agribusiness
Agriculture operated by business; specifically, that part of a modern national economy devoted to the production, processing, and distribution of food and fibre products and byproducts. Economics Department of Southern Illinois University-Carbondale.
(5) Associate Professor, Anthropology Department of Southern Illinois University-Carbondale.
(6) Associate Professor, Geography Department of Southern Illinois University-Carbondale.
(7) See A. Dan Tarlock, The Potential Role of Local Governments in Watershed Management, 32 Envtl. L. Rep. (Envtl. L. Inst.) 11,273, 11,273-74 (2002) (addressing the evolving role of local government in watershed conservation). See also Robert W. Adler, Addressing Barriers to Watershed Protection The term watershed refers to an area of land that drains precipitation that falls on it to a common point. These points could be streams, lakes, etc. Precipitatoin falling on any part of a watershed can travel quickly on the surface of the land, known as surface runoff, or travel through , 25 ENVTL. L. 973, 973-1106 (1995) (commenting on local watershed management in addition to providing a comprehensive overview of watershed management law and policy in general, which this Article does not purport to provide).
(8) A watershed is "a geographic area of land, water, and biota biota /bi·o·ta/ (bi-o´tah) all the living organisms of a particular area; the combined flora and fauna of a region.
The flora and fauna of a region. within the confines con·fine
v. con·fined, con·fin·ing, con·fines
1. To keep within bounds; restrict: Please confine your remarks to the issues at hand. See Synonyms at limit. of a drainage divide A drainage divide, water divide, or simply divide is the separation between neighbouring drainage basins (catchments). In hilly country, the divide lies along topographical peaks and ridges, but in flat country or on a high plateau (especially where the ground is . The total area above a given point of a water body that contributes flow to that point." Department of Agriculture et al., Unified Federal Policy for a Watershed Approach to Federal Land and Resource Management, 65 Fed. Reg. 62,566, 62,572 (Oct. 3, 2000).
(9) See, e.g., Douglas S Douglas, city, Isle of Man
Douglas, city (1991 pop. 19,950), capital of the Isle of Man, Great Britain. It is a popular resort, connected by rail to Ramsey and Port Erin, on the Irish Sea. Tourism is the chief industry. . Kenney, Historical and Sociopolitical so·ci·o·po·li·ti·cal
Involving both social and political factors.
of or involving political and social factors Context of the Western Watersheds Movement, in HUMAN DIMENSIONS OF WATERSHED MANAGEMENT, AMERICAN WATER RESOURCES ASSOCIATION Founded in 1964, the American Water Resources Association (AWRA) is a non-profit professional association dedicated to the advancement of men and women in water resources management, research, and education. With almost 3,000 members, it is the major U.S. organisation in the field. , MONOGRAPH SERIES NO. 20, 493, 493-503 (Christopher L. Lant ed., 1999); J. B. Ruhl Dr. J.B. Ruhl is an American legal academic who specializes in environmental law. He is presently the Matthews & Hawkins Professor of Property at Florida State University College of Law. He received his B.A. and J.D. degrees from the University of Virginia as well as his LL.M. , The (Political) Science of Watershed Management in the Ecosystem Age, 35 J. AM. WATER RESOURCES ASS'N 519 (1998).
(10) See Tarlock, supranote 7, at 11,274-83.
(11) The importance of this choice between political structures has been illustrated in concrete settings. See Alice L. Jones & Steven I. Gordon, From Plan to Practice: Implementing Watershed-Based Strategies into Local, State, and Federal Policy, 19 ENVTL. TOXICOLOGY toxicology, study of poisons, or toxins, from the standpoint of detection, isolation, identification, and determination of their effects on the human body. Toxicology may be considered the branch of pharmacology devoted to the study of the poisonous effects of drugs. AND CHEMISTRY 1136, 1138-41 (2000) (comparing the "transboundary approach," in which hydrologically designed authorities implement policy, to the "simultaneous independent approach," in which existing local governments attempt to coordinate policy, as the two approaches that might be implemented in the Big Darby Creek Darby Creek may refer to:
(12) See James R. Karr & Daniel R. Dudley, Ecological Perspective on Water Quality Goals, 5 ENVTL. MGMT MGMT Management
MGMT Methyl Guanine Methyl Transferase
MGMT Make Good a Magnetic Track of ___ Degrees . 55, 55-68 (1981) (examining nonpoint pollution abatement A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent.
With respect to estates, an abatement is a proportional diminution or reduction of the monetary legacies, a disposition of property by will, when programs in the context of the Black Creek Black Creek may refer to:
In the United States:
(13) William L. Graf, Damage Control: Restoring the Physical Integrity of America's Rivers, 91 ANNALS an·nals
1. A chronological record of the events of successive years.
2. A descriptive account or record; a history: "the short and simple annals of the poor" ASS'N AM. GEOGRAPHERS 1, 1-27 (2001).
(14) John Wesley Powell Wesley Powell (October 13, 1915–January 6, 1981) was an American lawyer and Republican politician from Hampton Falls, New Hampshire.
Wesley was born in Portsmouth, New Hampshire. , envisioning "watershed commonwealths," proposed that Montana adopt watersheds as the boundaries of counties during the Montana Constitutional Convention of 1889. Donald Snow, The Persistence of Powell: The Idea of Watersheds and Participatory Democracy Participatory democracy is a process emphasizing the broad participation (decision making) of constituents in the direction and operation of political systems. While etymological roots imply that any democracy would rely on the participation of its citizens (the Greek demos , 23 J. LAND RESOURCES Noun 1. land resources - natural resources in the form of arable land
natural resource, natural resources - resources (actual and potential) supplied by nature & ENVTL L. 31, 37 (2003).
(15) See William E. Taylor & Mark Gerath, The Watershed Protection Approach: Is the Promise About to Be Realized?, 11 NAT (Network Address Translation) An IETF standard that allows an organization to present itself to the Internet with far fewer IP addresses than there are nodes on its internal network. . RESOURCES & ENV'T 16 (1996) (explaining some of the early approaches and illustrating the comprehensive approaches currently emerging).
(16) DEP'T OF THE ARMY, CORPS OF ENGINEERS, CIVIL WORKS PROGRAM Noun 1. works program - a program to provide jobs on public works paid for by government funds
program, programme - a system of projects or services intended to meet a public need; "he proposed an elaborate program of public works"; "working mothers rely on the day STRATEGIC PLAN FY 2003-FY 2008, at 51 (2002) [hereinafter here·in·af·ter
In a following part of this document, statement, or book.
Formal or law from this point on in this document, matter, or case
Adv. 1. CORPS STRATEGIC PLAN], available at http://www.iwr.usace.army.mil/iwr/strategicplan.htm.
(17) Memorandum from G. Tracy Mehan, III, Assistant Administrator, EPA to Office Directors and Regional Water Division Directors, EPA (Dec. 3, 2002), [33 Current Developments] Env't Rep. (BNA BNA Bureau of National Affairs, Inc.
BNA Birds of North America
BNA block numbering area (US Census)
BNA British North America
BNA Banco Nacional de Angola (National Bank of Angola) ) 2727 (Dec. 3, 2002) [hereinafter Mehan Memo], available at http://www.epa.gov/owow/watershed/memo.html.
(18) Id. EPA is taking steps to ground this policy in practical applications, such as the agency's ongoing initiative to implement a watershed-based water pollutant permitting program raider the Clean Water Act. See Notice of Availability: Draft Watershed-Based National Pollutant Discharge Elimination System (NPDES NPDES National Pollutant Discharge Elimination System (US EPA) ) Permitting Implementation Guidance, 68 Fed. Reg. 51,011 (Aug. 25, 2003) (making a draft watershed permitting implementation guidance available for public comment).
(19) EPA recently described in considerable detail the diversity of watershed management approaches of the twenty states that had adopted some form of statewide law or policy. See generally USEPA USEPA United States Environmental Protection Agency , OFFICE OF WATER, A REVIEW OF STATEWIDE WATERSHED MANAGEMENT APPROACHES (2002).
(20) NAT'L ACADEMY OF SCIENCES, NAT'L RESEARCH COUNCIL, NEW STRATEGIES FOR AMERICA'S WATERSHEDS 1 (1999) [hereinafter NEW STRATEGIES].
(21) Mehan Memo, supra A relational DBMS from Cincom Systems, Inc., Cincinnati, OH (www.cincom.com) that runs on IBM mainframes and VAXs. It includes a query language and a program that automates the database design process. note 17.
(22) See J. Omernik & R. Bailey, Distinguishing Between Watersheds and Ecosystems 33 J. AM. WATER RESOURCES ASS'N 935, 935-50 (1997) (clarifying the difference between watershed framework and eco-region framework for the purpose of enabling agencies to use the frameworks in conjunction).
(23) MISSISSIPPI RIVER/GULF OF MEXICO WATERSHED NUTRIENT nutrient /nu·tri·ent/ (noo´tre-int)
1. nourishing; providing nutrition.
2. a food or other substance that provides energy or building material for the survival and growth of a living organism. TASK FORCE, ACTION PLAN FOR REDUCING, MITIGATING, AND CONTROLLING HYPOXIA IN THE NORTHERN GULF OF MEXICO 5 (2001).
(24) See USEPA, WHAT ARE THE MAJOR EFFECTS OF COMMON ATMOSPHERIC POLLUTANTS pollutants
see environmental pollution. ON WATER QUALITY, ECOSYSTEMS, AND HUMAN HEALTH, http://www.epa.gov/owow/oceans/airdep/air3.html (last visited Nov. 16, 2003) (addressing the effects of nitrogen compounds, metals, mercury, pesticides, and combustion emissions on water, ecosystems, and humans).
(25) MARC REISNER, CADILLAC DESERT: THE AMERICAN WEST AND ITS DISAPPEARING WATER 125-26 (1993).
(26) S. Kraft et al., Ecological Restoration in Multiple-Ownership Watersheds: The Case of the Cache River Cache River may refer to:
River, northeastern Illinois, U.S. Formed by the junction of the Des Plaines River and Kankakee River in Illinois, it flows southwest across the state, joining the Mississippi River after a course of 273 mi (440 km). SYSTEM, EIGHTH BIENNIAL biennial, plant requiring two years to complete its life cycle, as distinguished from an annual or a perennial. In the first year a biennial usually produces a rosette of leaves (e.g., the cabbage) and a fleshy root, which acts as a food reserve over the winter. CONFERENCE: THE ILLINOIS RIVER: PARTNERSHIPS FOR PROGRESS, RESTORATION, AND PRESERVATION 161 (2001) [hereinafter Ecological Restoration].
(27) Adler, supra note 7, at 1088.
(28) See NEW STRATEGIES, supra note 20, at 9-10 (arguing for a flexible application of watershed principles).
(29) See Joe Cannon, Choices and Institutions in Watershed Management, 25 WM. & MARY ENVT'L. L. & POL'Y REV. 379, 381-91 (2000) (applying the themes to institutional analysis in the Chesapeake Bay region).
(30) See John T. Woolley et al., The California Watersheds Movement: Science and the Politics of Place, 42 NAT. RESOURCES J. 133, 134-35 (2002) (concluding that areas without watershed-based organizations have slightly poorer water quality than areas with such organizations).
(31) See Ecological Restoration, supra note 26, at 161.
(32) Federal Water Pollution Control Act, 33 U.S.C. [subsections] 1251-1387 (2000).
(33) 42 U.S.C. [subsections] 7401-7671q (2000).
(34) See EPA, Water Quality Trading Policy; Issuance of Final Policy, 68 Fed. Reg. 1608, 1609 (Jan. 13, 2003) [hereinafter Water Quality Trading Policy] (describing the nationally applied, technology-based permitting standards approach traditionally used under the Clean Water Act). See generally JAMES SALZMAN & BARTON THOMPSON, ENVIRONMENTAL LAW AND POLICY 77-122 (overview of Clean Air Act); id. at 123-46 (overview of Clean Water Act); ROBERT W. ADLER ET AL., THE CLEAN WATER ACT: 20 YEARS LATER 137-70 (1993) (history of Clean Water Act implementation).
(35) See Water Quality Trading Policy, supra note 34, at 1609 (The Clean Water Act implemented a national regulatory program but also preserved "the primary responsibilities and rights of the States to prevent, reduce and eliminate pollution."). Under this system "states were assigned the role of federal implementation agents and allowed to run federal and parallel state programs as long as they complied with federal floors. Local governments were effectively either classified as polluters or left to deal with unambiguously local nuisances such as noise." Tarlock, supra note 7, at 11,276.
(36) See Water Quality Trading Policy, supra note 34, at 1609 ("The application of technology and water quality based requirements ... has achieved and remains critical to success in controlling point source pollution and restoring the nation's waters".).
(37) See J.B. Ruhl, Farms, Their Environmental Harms, and Environmental Law, 27 ECOLOGY L.Q. 263, 265 (2000) (examining the failure of conventional environmental law to address agricultural runoff and proposing more flexible approaches). This experience has led the EPA to advocate new approaches to nonpoint source pollution, including watershed-based pollutant trading, as superior to conventional command-and-control regulation. See Water Quality Trading Policy, supra note 34, at 1609 (New approaches such as pollutant trading "provide greater flexibility and have potential to achieve water quality and environmental benefits greater than would otherwise be achieved under more traditional regulatory approaches.").
(38) See SALZMAN & THOMPSON, supra note 34, at 77-89 (Clean Air Act standards); id at 129-38 (Clean Water Act standards).
(39) CORPS STRATEGIC PLAN, supra note 16, at 38.
(40) See Mehan Memo, supra note 17 (describing "local capacity building" as one of the central objectives of EPA's watershed initiative).
(41) 18 U.S.C. [subsections] 1451-1465 (2000).
(42) The CZMA establishes national goals for coastal resource protection, but establishes no federal regulatory program to implement those goals. Rather, it relies heavily on states to implement the national policy through state-designed land management frameworks, in return for winch winch, mechanical device for hauling or lifting consisting essentially of a movable drum around which a cable is wound so that rotation of the drum produces a drawing force at the end of the cable. a cooperating state receives federal financial assistance and a commitment by federal agencies not to interfere with the state's coastal protection plan. In this sense the CZMA is unusual among federal environmental laws. See JOHN NAGLE & J.B. RUHL, THE LAW OF BIODIVERSITY biodiversity: see biological diversity.
Quantity of plant and animal species found in a given environment. Sometimes habitat diversity (the variety of places where organisms live) and genetic diversity (the variety of traits expressed AND ECOSYSTEM MANAGEMENT 644-45 (2002).
(43) See Tarlock, supra note 7, at 11,277 (using local governments to implement watershed management is complicated by the fact that "[l]ocal governments axe locked into the jurisdictional 'box' that state boundary laws draw").
(44) See id. at 11,273 (explaining the federal entry into environmental protection historically was justified in part by the experience that "local governments were slow to deal with many environmental problems and, when they did exercise their powers to define and prevent common law nuisances, the result was often to shift pollution to other areas").
(45) Public Health Service Act, 42 U.S.C. [subsections] 300f-300j-26 (2000). See Faqir S. Bagi, Small Rural Communities' Quest for Verb 1. quest for - go in search of or hunt for; "pursue a hobby"
quest after, go after, pursue
look for, search, seek - try to locate or discover, or try to establish the existence of; "The police are searching for clues"; "They are searching for the Safe Drinking Water, 17 RURAL AM. 40, 40-46 (2002) (explaining that smaller communities have higher per unit costs in complying with the Safe Drinking Water Act). Even at the federal level, there has been a reduction in the already inadequate system of hydrologic gaging stations due to lack of funding. See ADVISORY COMMITTEE ON WATER INFORMATION, REPORT OF THE STREAMGAGING TASK FORCE TO THE ADVISORY COMMITTEE ON WATER INFORMATION OF THE U.S. GEOLOGICAL SURVEY The term geological survey can be used to describe both the conduct of a survey for geological purposes and an institution holding geological information.
A geological survey 17 (2002) (recommending additional funding for hydrologic gauging stations For the canal boat gauging or indexing station, see .
A Gauging station is a location used by hydrologists or environmental scientists to monitor and test terrestrial bodies of water. to meet national streamgaging goals).
(46) Early in the development of environmental regulatory law, some commentators had expressed hope that the county-based soil conservation districts could become the keystone key·stone
1. Architecture The central wedge-shaped stone of an arch that locks its parts together. Also called headstone.
2. The central supporting element of a whole. of nonpoint water pollution control. See Dean T. Massey, Land Use Regulatory Power of Conservation Districts in the Midwestern States for Controlling Nonpoint Source Pollutants, 33 DRAKE L. REV. 35, 37 (1988-34) (arguing that soil conservation districts became less effective as their ability to make and enforce regulations decreased). Hampered by their political boundaries, a lack of political will, and a lack of institutional support from the states, this promise was never fulfilled in any meaningful way. See John Davidson John Davidson can refer to more than one person:
(47) We do not mean to discount entirely the possibility that soil and water conservation districts in some states could be "morphed" into the kind of local watershed-based political structure we describe infra [Latin, Below, under, beneath, underneath.] A term employed in legal writing to indicate that the matter designated will appear beneath or in the pages following the reference.
infra prep. . Our point is that it would be difficult and unwise simply to graft graft, in surgery: see transplantation, medical.
In horticulture, the act of placing a portion of one plant (called a bud or scion) into or on a stem, root, or branch of another (called the stock) in such a way that a union forms and the the authorities and responsibilities we envision as necessary to carry out watershed management on to the existing structure of soil and water conservation districts.
(48) See John H. Davidson, Commentary: Using Special Water Districts to Control Nonpoint Sources of Water Pollution, 65 CHI.-KENT L. REV. 503, 507--18 (1989) (noting the success of drainage districts in the late nineteenth and early twentieth centuries); Mary R. McCorvie & Christopher L. Lant, Drainage District Formation and the loss of Midwestern Wetlands, 1860-1930, 67 AGRIC AGRIC Agricultural/Agriculture . HIST interj. 1. Hush; be silent; - a signal for silence. . 13, 36 (1993) (arguing that state created drainage districts were effective, but noting that the success of these districts depended largely on technology that made large scale drainage economical).
(49) NEW STRATEGIES, supra note 20, at 3.
(50) See generally Ecological Restoration, supra note 26.
(51) See Christopher Lant et al., Land Use Dynamics in a Southern Illinois U.S.A. Watershed, (28) ENVTL. MGMT. 325, 325--26 (2001) (studying the links between national policy, landowner decisions on land use, and hydrological impacts); Raja Sengupta et al., Evaluating the Impact of Policy-Induced Land Use Management Practices on Non-Point Source Pollution Using a Spatial Decision Support System Spatial Decision Support Systems (sDSS) developed in parallel with the concept of Decision Support Systems (DSS).
An sDSS is an interactive, computer-based system designed to support a user or group of users in achieving a higher effectiveness of decision making while , 25 WATER INT'L 437, 443-44 (2000) (presenting a system that models the links between state-wide conservation policies and their impacts on the economy and nonpoint source pollution).
(52) See ROBERT A. CATLIN, LAND USE PLANNING
Land use planning is the term used for a branch of public policy which encompasses various disciplines which seek to order and regulate the use of land in an efficient and ethical way. , ENVIRONMENTAL PROTECTION, AND GROWTH MANAGEMENT: THE FLORIDA EXPERIENCE 56--64 (1997) (describing the Local Government Comprehensive Planning "Comprehensive Plan" is a term used by land use planners to describe a set of goals and policies developed by a municipality to accommodate future growth. Typically the comprehensive plan will look at estimated growth within a specific time period, for example, 20 years. Act of 1975 and its implementation through 1990); John M. DeGrove & Patricia M. Metzger, Growth Management and the Integrated Roles of State, Regional, and Local Governments, in GROWTH MANAGEMENT: THE PLANNING CHALLENGES OF THE 1990S 13--15 (Jay M. Stein ed., 1993) (describing the role of local government in Florida's top down growth management system).
(53) See CATLIN, supra note 52, at 53--54 (noting that large projects can have a substantial effect on more than one county "because of [their] character, magnitude, and location"); DeGrove & Metzger, supra note 52, at 9--12 (noting that the primary role of regional plans is to address impacts that "transcend jurisdictional boundaries").
(54) See DeGrove & Metzger, supra note 52, at 9-12 (describing the role of Regional Planning regional planning: see city planning. Commissions in Maine, Georgia, and Vermont).
(55) A REVIEW OF STATEWIDE WATERSHED MANAGEMENT APPROACHES, supra note 19, at 64--65. See generally WASHINGTON STATE DEP'T OF ECOLOGY, WATERSHED PLANNING, at http://www.ecy.wa.gov/watershed (last visited Nov. 16, 2003) (explaining the importance of local development of watershed plans under the Watershed Planning Act).
(56) See A REVIEW OF STATEWIDE WATERSHED MANAGEMENT APPROACHES, supra note 19, at 59 (61) (summarizing Oregon's multiagency approach under the Oregon Plan for Salmon and Watersheds and the Governor's Watershed Enhancement Board). See generally OREGON DEP'T OF ENVIRONMENTAL QUALITY, WATER QUALITY: NONPOINT SOURCE POLLUTION STATE AND FEDERAL INITIATIVES AND AGENCIES, at http://www.deq.state.or.us/wq/nonpoint/other.htm (last visited Nov. 16, 2003) (describing the Oregon Watershed Health Program and the role of watershed councils).
(57) FLA FLA Florida (old style)
FLA Macromedia Flash (file extension)
FLA Flash Files (file extension)
FLA Fair Labor Association
FLA Front Line Assembly . STAT. ch. 373 (2003). See generally Mary Jane Angelo et al., Exalting ex·alt
tr.v. ex·alt·ed, ex·alt·ing, ex·alts
1. To raise in rank, character, or status; elevate: exalted the shepherd to the rank of grand vizier.
2. the Corporate Form Over Environmental Protection: The Corporate Shell Game and the Enforcement of Water Management Law in Florida, 17 J. LAND USE & ENVTL. L. 89, 94--103 (2001) (providing an overview of Florida's regional approach).
(58) See A REVIEW OF STATEWIDE WATERSHED MANAGEMENT APPROACHES, supra note 19, at 49-50 (recommending to states ways to improve their approaches to watershed management).
(59) Bernard Landry Jean-Bernard Landry (born March 9, 1937) is a Quebec lawyer, teacher, politician, who served as Premier of Quebec, Canada, (2001–2003), leader of the Opposition (2003–2005) and leader of the Parti Québécois (2001–2005). , A Word from the Premier, in ENVIRONMENT QUEBEC, QUEBEC WATER POLICY: WATER. OUR LIFE. OUR FUTURE (2002).
(60) Similarly, the proposed Model Act to Conserve Ontario Waters would support integrated watershed management through hydrologically based Water Planning Boards Noun 1. planning board - a board appointed to advise the chief administrator
governance, governing body, organisation, administration, brass, establishment, organization - the persons (or committees or departments etc. . CANADIAN ENVTL. LAW ASS'N, AN ACT TO CONSERVE ONTARIO WATERS 15--16 (2001).
(61) See Monica Porto et al., A Participatory Approach to Watershed Management: The Brazilian System, in HUMAN DIMENSIONS OF WATERSHED MANAGEMENT, AMERICAN WATER RESOURCES ASSOCIATION, MONOGRAPH SERIES NO. 20, supra note 9, at 675-83 (examining the development of Brazil's water resources management system).
(62) See S. Ewing, Landcare and Community-Led Watershed Management in Victoria, Australia, in HUMAN DIMENSIONS OF WATERSHED MANAGEMENT, AMERICAN WATER RESOURCES ASSOCIATION, MONOGRAPH SERIES NO. 20, at 663-74 (Christopher L. Lant ed., 1999) (reviewing Australia's Landcare Program and the movement toward the creation of watershed based management programs).
(63) Erie Pyle et al., Establishing Watershed Management in Law: New Zealand's Experience, 37 J. AM. WATER RESOURCES ASS'N 783, 783-93 (2001).
(64) This tracks Florida's land-use system, in which a state land-use plan is intended to guide local planning implementation. See supra notes 52-53 and accompanying text for a discussion of Florida as an example of a state with a plan that promulgates substantive standards and criteria under which regional and local plans can be evaluated.
(65) This is one of several provisions designed to match the scale of the problem with the scale of the political institution.
(66) Matching problem scales to institutional scales does not mean that the different layers of political institutions operate independently. This provision, for example, is one of many in which information gathered at one level is channeled up or down the vertical hierarchy of institutions to inform decision making at another level.
(67) The threat of plan development by the higher institutional authority is designed to motivate meaningful plan development at the lower level.
(68) This fulfills the horizontal dimension function of the institutional structure, allowing the watershed management agencies to influence decisions made by other agencies operating at the same scale where an effect at that scale can be demonstrated.
(69) USGS, HYDROLOGIC UNIT MAPS (explaining USGS hydrological unit maps of the United States at various watershed levels), http://water.usgs.gov/GIS/huc.html (last updated Oct. 29, 2003). But see James M. Omernik, The Misuse of Hydrologic Unit Maps for Extrapolation (mathematics, algorithm) extrapolation - A mathematical procedure which estimates values of a function for certain desired inputs given values for known inputs.
If the desired input is outside the range of the known values this is called extrapolation, if it is inside then , Reporting and Ecosystem Management, 39 J. AM. WATER RESOURCES ASS'N 563 (2003) (explaining that in some cases the USGS scaled maps, because they seek to delineate watersheds of roughly the same size at each scale level, do not reflect true topographic topographic
describing or pertaining to special regions. watershed boundaries; in such a case, the state would probably want to consider reconfiguring the boundaries of the regional authorities to avoid serious departures from the physical watershed).
(70) As an example of this hierarchical assembly of boundaries, Appendix 1 illustrates how the USGS boundaries would configure the regional and local political boundaries used in our proposal for the state of Illinois.
(71) Critical regulatory decisions would therefore be reflected in the regional plans.
(72) The regional agencies would also be where most regulatory decisions are made.
(73) This duplicates the state-regional plan development relationship at the regional-local levels.
(74) This provision is designed to withdraw from primarily local decision-making authority any area that, while not regional in geographic scope, presents important regional concerns. It is patterned after Florida's land-use program for "areas of critical state concern," through which the state's land-use agency can require local zoning authorities to submit decisions affecting such areas for state review. See CATLIN, supra note 52, at 53--54 (listing characteristics of "areas of critical state concern" designations and mentioning potential problems with vesting Vesting
The process by which employees accrue non-forfeitable rights over employer contributions that are made to the employee's qualified retirement plan account.
Notes: ultimate responsibility for regional impact and land-use decisions in local government).
(75) This provision is patterned after Florida's land-use program for "developments of regional impact." See supra note 53 and accompanying text. This provision recognizes that some development projects, while located entirely within the boundaries of a single local watershed district Watershed districts are special government entities in the U.S. state of Minnesota that monitor and regulate the use of water in watersheds surrounding various lakes and rivers in the state. , have transboundary effects at that scale.
(76) Special Watershed Areas and Developments of Regional Watershed Impact thus are withdrawn from the primary local authority due to their regional significance.
(77) This establishes additional regional oversight of the local councils through an appellate Relating to appeals; reviews by superior courts of decisions of inferior courts or administrative agencies and other proceedings. function.
(78) As the middleman mid·dle·man
1. A trader who buys from producers and sells to retailers or consumers.
2. An intermediary; a go-between. for most decision making in our proposal, the regional agencies would be the locus of most of the watershed management staffing of the state and would provide the technical and policy development support for local councils.
(79) Because the regional agencies will be primarily responsible for putting technical expertise into the field and monitoring watershed and land-use dynamics, they serve as the "eyes" of the state agency.
(80) This places federal-state liaison function for development projects at the relevant physical scale.
(81) One of the principal findings of our work on watershed management institutions is that local communities place more trust in locally elected institutions than in administrative bodies Noun 1. administrative body - a unit with administrative responsibilities
Inland Revenue, IR - a board of the British government that administers and collects major direct taxes . See Ecological Restoration, supra note 26, at 165 (noting that residents of the Cache River watershed in Illinois saw value in a watershed management institution "only if it was based on local input"). The trick is to ensure that the local elected officials have the resources, authority, and political will to make and implement meaningful policy choices--the objective of the tiered institutional framework we are proposing. See MARCO MARCO Microelectronics Advanced Research Corporation
MARCO Maritime Consulting
MARCO Massachusetts Association of Community Rehabilitation Organizations, Inc. (formerly MARF) JANSSEN ET AL., ROBUSTNESS OF SOCIAL-ECOLOGICAL SYSTEMS TO SPATIAL AND TEMPORAL DISTURBANCE REGIMES, PAPER NO. W03-21, WORKSHOP IN POLITICAL THEORY AND POLICY ANALYSIS, INDIANA UNIVERSITY Indiana University, main campus at Bloomington; state supported; coeducational; chartered 1820 as a seminary, opened 1824. It became a college in 1828 and a university in 1838. The medical center (run jointly with Purdue Univ. 29 (2003) ("The delicate problem in designing multi-level systems is how to empower local resource users and public infrastructure providers to have considerable autonomy in designing rules that are well matched to local circumstances but fit ... into a larger system.").
(82) The regional plan thus provides an external constraint on local officials who may find it politically expedient ex·pe·di·ent
1. Appropriate to a purpose.
a. Serving to promote one's interest: was merciful only when mercy was expedient.
b. to blame difficult local decisions on the regional authority.
(83) Most development projects do not have state or regional implications, so we anticipate that most of the horizontal function of watershed management--the evaluation of nonwater land use and other engineering projects on watershed conditions--would take place at the local council level. The local councils could rely on the regional agency for technical and modeling support in carrying out this function.
(84) We also anticipate that many of the local councils would assume the role of a significant public land trust, with watershed quality maintenance as its primary goal.
(85) Although the local councils can lean on the regional agency for technical support, councils with authority over large or urban areas may desire substantial capacities on their own. Significant expenditures may also be involved for local councils that aggressively take on the land trust role. Thus, a secure funding base is essential at the local level
(86) Local authorities may be reluctant to take on regional and state land-use and development agencies, and thus could refer a matter up the watershed management chain of command.
(87) Our work and that of others suggests that the ability of citizens to participate in watershed-based planning through voluntary forums in local contexts contributes to the final product's legitimacy. But see Kenney, supra note 9, at 501 (cautioning that watershed initiatives, because they are generally informal, may contribute to the avoidance of divisive di·vi·sive
Creating dissension or discord.
J.B. RUHL, * (1) CHRISTOPHER LANT, (2) TIM TIM Timothy
TIM Technical Interchange Meeting
TIM Transient Intermodulation Distortion
TIM Time Is Money
TIM The Invisible Man (movie)
TIM Telecom Italia Mobile (Italian cellular provider) LOFTUS, (3) STEVEN KRAFT, (4) JANE ADAMS Jane Adams may refer to:
* [c] J.B. Ruhl, Christopher Lant, Tim Loftus, Steven Kraft, Jane Adams and Leslie Duram, 2003.