Search

The article offers news briefs related to the field of groundwater remediation and monitoring in the U.S. Comments from the public are being sought by the U.S. Environmental Protection Agency about hydrologic connection between groundwater and surface water. 3M Co. has agreed to settle groundwater lawsuit with Minnesota. The implementation of the Waters of the U.S. rule, which aims to increase the water under federal jurisdiction, was delayed by the administration under President Donald Trump.

The variation of groundwater level caused by tides is a unique feature of intertidal wind turbines (IWTs). The groundwater level affects the natural frequency of the IWTs' monopile by changing the seabed characteristics. Therefore, it is necessary to reveal the influence of groundwater level on the natural frequency of monopile to ensure the stable operation and maintenance of IWTs. Based on model experiments, the laws of the change in groundwater level and the number of groundwater level cycles on the first natural frequency of the monopile in fine sand foundation is revealed, and is explained according to the stiffness and damping characteristics of the fine sand foundation. Moreover, the stiffness and damping characteristics of the fine sand foundation have different effects on the first natural frequency under different variation states of groundwater level: The stiffness of sand foundation is the main factor affecting the first natural frequency; with the groundwater level rising, the influence of the damping of sand foundation on the first natural frequency is getting stronger. In the designing and maintenance of IWTs, the seabed groundwater level should be focused on. • The influence of groundwater level on the first natural frequency of monopile in sandy seabed is revealed. • The stiffness of sandy seabed is main factor affecting the natural frequency of monopile with groundwater level changing. • With groundwater level rising, the influence of the damping of seabed on the first natural frequency of monopile increases. [ABSTRACT FROM AUTHOR]

The Sustainable Groundwater Management Act (SGMA) is introducing significant changes in the way groundwater is governed for agricultural use. It requires the formation of groundwater sustainability agencies (GSAs) to manage groundwater basins for sustainability with the engagement of all users. That presents opportunities for collaboration, as well as challenges, particularly in basins with large numbers of agricultural water users who have longstanding private pumping rights. The GSA formation process has resulted in the creation of multiple GSAs in many such basins, particularly in the Central Valley. In case studies of three basins, we examine agricultural stakeholders' concerns about SGMA, and how these are being addressed in collaborative approaches to groundwater basin governance. We find that many water districts and private pumpers share a strong interest in maintaining local autonomy, but they have distinct concerns and different options for forming and participating in GSAs. Multilevel collaborative governance structures may help meet SGMA's requirements for broad stakeholder engagement, our studies suggest, while also addressing concerns about autonomy and including agricultural water users in decision-making. [ABSTRACT FROM AUTHOR]

Apulia is the fifth Italian region in terms of irrigated area and irrigation water used in agriculture. However, inefficiencies in the management of the regional irrigation consortia force most of farmers to use groundwater by private wells, with negative consequences on soil and crop characteristics, and with grave desertification risk. In the first instance, through a choice experiment survey, the study investigated the aptitude of the regional farmers toward the abandonment of their farm wells in exchange for an improved consortium irrigation network and additional services. Then, through a stochastic profit frontier, the impact of these choices was assessed on the economic performance of farms, providing useful information for suitable and fair groundwater preservation policies. [ABSTRACT FROM AUTHOR]

California's Sustainable Groundwater Management Act ("SGMA") allows local entities that represent landowners, government agencies, or private companies, rather than the public, to take on exclusive power to regulate and manage imperiled groundwater resources. In at least some cases, under SGMA these entities are governed and controlled in ways that violate the one person, one vote requirement of the Equal Protection Clause and even the rational basis requirement for local government representational structures. By establishing the state's first comprehensive requirements for monitoring and managing groundwater, SGMA attempts to fill a critical gap in California water regulation, the consequences of which have culminated in a statewide crisis. This Note examines the ways in which SGMA implicates the Fourteenth Amendment and specifically, the requirements for proportional representation in local government that Avery v. Midland County and Board of Estimate v. Morris established. It argues that voter accountability and proportional representation in groundwater governance are important to actually achieving the ultimate goal of the legislation: effective management and regulation of imperiled common pool resources in California. It also contributes to solving a bigger problem. Special districts are the most numerous type o f local government in the United States, with policy-making and administrative responsibility for vital environmental resources, infrastructure and services. Enforcement of the one person, one vote requirement for the special districts responsible for California groundwater under SGMA would provide a powerful legal precedent for citizens seeking to promote democracy and equality in local government throughout the United States. [ABSTRACT FROM AUTHOR]

Groundwater is often considered a largely local issue that is difficult to regulate. Further, groundwater regulation has often focused on use, rather than protection and conservation. There has thus been little integration of environmental concerns into groundwater regulation. Climate change calls for rethinking the regulatory framework for protecting and regulating groundwater. In India, the climate change regime has not given groundwater adequate prominence. Conversely, groundwater regulation remains largely detached from environmental challenges, including climate change. This needs to be addressed through regulation that links the two fields and is based on legal principles derived from the Constitution of India. [ABSTRACT FROM AUTHOR]

An introduction is presented which discusses various reports related to groundwater and climate change including the drip irrigation technology efficiency, agricultural intensification and transboundary aquifers.

In 2014, British Columbia enacted the Water Sustainability Act, a comprehensive overhaul of its groundwater and surface water regimes. Meanwhile, in England more piecemeal changes have been made to groundwater laws and policies. Through developing a framework from groundwater governance and climate change adaptation literature this article analyzes the effectiveness of these reforms, which have been carried out through different methods and from different starting points. The article goes on to consider how new processes and technologies, such as hydraulic fracturing (fracking), bring fresh challenges in aligning progress in groundwater law reforms with the wider policy framework. [ABSTRACT FROM AUTHOR]

Although the climate and groundwater systems have close links, the international climate change regime and global groundwater laws have developed independently, despite being negotiated within a few years of each other. Hence this article addresses the question: Do global legal instruments on climate change and groundwater consider the geophysical links between the two systems, and how can their legal frameworks be improved? It argues that there are six geophysical links between groundwater and climate change which are presently inadequately accounted for in the legal regimes and there are four key contradictions between the two legal systems. It makes four recommendations to enhance the linkages between the systems. [ABSTRACT FROM AUTHOR]

Most of the earth's groundwater is in transboundary aquifers. This vital water resource will certainly be affected by climate change. This article reviews the global climate change framework to investigate how it considers water, and groundwater in particular. It then considers the international legal regime applicable to groundwater resources to explore how it deals with climate change and to what extent it is compatible with the UNFCCC framework. It concludes with identifying the limits and possibilities of the groundwater regime in addressing climate change. [ABSTRACT FROM AUTHOR]

EU habitats law can provide robust protection for groundwater supporting legally protected habitats, such as wetlands. Court of Justice of the EU jurisprudence requires precautionary assessment of groundwater's role in maintaining the 'integrity' of protected ecosystems. Precaution applies in cases of scientific uncertainty, such as that pertaining to groundwater ecology, exacerbated by the uncertain effects of higher climate variability. While EU habitats law may not address anthropocentric concerns, an expansive approach to the protection of groundwater, guided by precautionary assumptions concerning its ecological role, can safeguard essential water-related ecosystem services and thereby address human needs threatened by climate change. [ABSTRACT FROM AUTHOR]

Projected impacts of climate change on water availability in South Africa are likely to result in the increasing use of groundwater, which is relatively underused at present. Several threats to groundwater, including acid mine drainage, pervasive water pollution (particularly from untreated sewage), and planned hydraulic fracturing will have to be addressed to protect the country's groundwater reserves. This article considers the role that law can play in bothmanaging ground-water and protecting it from these and other threats. [ABSTRACT FROM AUTHOR]

Water is a key component of our environment; it is a renewable, limited and vulnerable natural resource, which provides economic, social, and environmental well-being of the population. The most promising source of drinking water supply is groundwater usage. Drinking and industrial groundwater is one of the most important components of the groundwater mineral resource base in the Russian Federation. Modern system of groundwater extraction management and state regulation is currently imperfect and has definite disadvantages, among them - lack of control over natural resources by the state, an old system of tax rates for the use of groundwater, commercialization stage of licensing, the budget deficit, which is passed on other spheres of the national economy. This article provides general information about the state of groundwater production and supply in Russia, negative trends of groundwater usage, some actions for the improvement in the system of groundwater's fund management are suggested. The most important amendments of the law "About mineral resources" are overviewed, effects of these changes are revealed and recommendations for future groundwater extraction regulation are given. [ABSTRACT FROM AUTHOR]

Related Content [ABSTRACT FROM AUTHOR]

The article discusses the challenges of the Sustainable Groundwater Management Act in the diversity of the California farms. Topics mention including the possibilities of threatening the diversity of the California state's farming operations, increased pumping operational and capital costs and needs of assistance in developing good information on surface groundwater interactions.

The article discusses the implementation of the Sustainable Groundwater Management Act (SGMA). Topics mention including declaring a state policy regarding ground water management, local entities which is called groundwater sustainability agencies (GSAs) will do the volume of works and frameworks on how SGMA will be implemented.

In recent years, different international institutions have repeatedly called for states to enter into agreements on the transboundary aquifers they share. Nevertheless, very few agreements have been established. This article examines the few ad hoc legal mechanisms that are in existence, and identifies some possible reasons for states’ reluctance. Finally, this article suggests that there is a need for the international community to stimulate a more cooperative approach to the management of this natural resource based on the preventive and precautionary principles. [ABSTRACT FROM AUTHOR]

El artículo ofrece información legislativa y jurisprudencial sobre la protección del medio ambiente en España. Incluye Decreto Legislativo 1/2016 con respecto a la cuota de saneamiento de agua, que es un impuesto a las acciones de finanzas relacionadas con la gestión de las aguas residuales. También se discute, es la sentencia del Tribunal Supremo español relacionados con el uso de las aguas subterráneas.

Legal frameworks play a crucial role for effective groundwater governance. They flank and support water policy and provide users and the administration with rights and obligations to use, manage, and protect vital resources in order to achieve the overall goal of equitable and sustainable water use. This paper discusses key challenges that have to be addressed in water law to manage and protect groundwater effectively. It will provide an overview of established practice in groundwater legislation and discuss recent trends and developments in light of current challenges. It focuses on permit-based systems of administrative water rights but will to a limited extent also deal with customary, community-based, and informal arrangements. It will show that increasingly domestic groundwater legislation is strengthened and ranked on a par with surface water regimes, ideally by dealing with all water resources in an integrated manner. [ABSTRACT FROM AUTHOR]

The article examines the common law groundwater rights under Virginia law. Topics discussed include traditional approach applies different rules to "percolating waters" and "underground streams; common law rules of proof; and ways in which the state courts found that waters belong absolutely to the owner of the soil.

The controversial 2015 federal rule defining "waters of the United States"--the jurisdictional determinant for regulation under the Clean Water Act (CWA), now the subject of numerous lawsuits--has been attacked largely for its alleged federal overreaching. Actually, the rule is underinclusive, for it categorically exempted all groundwater from CWA regulation. We think this exclusion conflicts with the purposes, terms, and judicial interpretations of the statute--including those of the Supreme Court--all of which have consistently interpreted the jurisdictional scope of the statute on the basis of a "significant effects" test, not an unscientific pronouncement based on administrative convenience. We explain the case for inclusion of tributary groundwater in this Article, even though the impending litigation over the nile is unlikely to address the issue. "[A] 11 water is interrelated and interdependent. If groundwater were red, most streams would be various shades of pink; if groundwater were poisoned, the streams would also be poisoned." [ABSTRACT FROM AUTHOR]

The article reports on the U.S. Supreme Court's decision to let a lower court ruling stand in the legal case Agua Caliente Band v. Coachella Valley Water District. It explains that the ruling agrees that priority groundwater rights belong to Native American tribes and explores how this decision can improve sustainable freshwater management.

The article focuses on the 2015 Niagara International Moot Court Competition which concerns two issues such as right of family unity exists under international law regarding the mandatory deportation violates that right and associated children's rights. It also mentions that connection of groundwater with the transboundary body of water which is subject to international law. It also mentions that International Law Commission also concerns the groundwater issue.

The article discusses how the legislation of California's Sustainable Groundwater Management Act of 2014 came into being.

The article discusses the laws and regulations related to groundwater as stated under the Sustainable Groundwater Management Act of 2014 which was enacted by the U.S. state of California.

The article examine the state of groundwater in Indiana and provide suggestions for the future of Indiana groundwater law to conserve the groundwater. It mentions that the decision of the Indiana Supreme Court in the case Town of Avon v. West Central Conservancy District and the legislative response of the state to the case Avon, tools available in Indiana to combat water scarcity and promote conservation.

The EU Water Framework Directive (2000/60/EC) requires assessment of the impact of chemical and quantitative groundwater pressures on groundwater-dependent terrestrial ecosystems (GWDTEs). During the first River Basin Cycle (2003-2009), 48 Irish groundwater bodies (GWBs) were identified as at risk of failing to meet the WFD objective of good status owing to potential damage to GWDTEs and required further status assessment. Status tests were only applied to two GWBs, however, owing to the lack of ecohydrogeological data needed to assess damage. This paper aims to contribute to the evaluation of GWDTE chemical and quantitative status and specifically aims to: (1) develop an enhanced understanding of GWDTE ecohydrogeology; (2) determine groundwater nutrient threshold values (TVs) for GWDTEs; and (3) "propose methodologies for assessing groundwater-related significant damage at GWDTEs. In Ireland, GWDTE typology is based on Annex I habitat classification under the EU Habitats Directive (92/43/EEC), and eleven GWDTE types were selected for study, namely alkaline fens, species-rich Cladium fen, petrifying springs, transition mire, active raised bog, turloughs, flushes in blanket bog and wet heath, alluvial forests, machair and humid dune slacks. The ecohydrogeological models consist of a cross-section schematic diagram and a descnptive summary table. The combined model for calcareous fens (alkaline fen and species-rich Cladium fen) is presented as an example. TV development focused on calcareous fens; however, available data were insufficient to determine a scientifically robust TV for either nitrate or phosphate. Finally, field methods are proposed for site investigation of groundwater-related significant damage at calcareous fens. [ABSTRACT FROM AUTHOR]

Context: Both global change and policy reform will affect the implementation of the National Ecological Network (NEN) in the Netherlands. Global change refers to a combination of changing groundwater tables arising from climate change and improved economic prospects for farming. Policy reform refers to the abolition of an intermediary organization that organizes land trades with the support of a national land bank. Objective: In this paper we evaluate the effects of these factors on future land acquisition for the NEN. Methods: We applied an agent-based model of the land market based on sales and purchases between farmers and nature-conservation organizations (establishing the NEN) within a case study area. Results: Our results demonstrate that future land acquisitions for the NEN are constrained by strong competition for land from farmers due to improved economic prospects for farming. Effects of climate change are that fewer parcels will be sold from farmers to nature-conservation organizations in a dry scenario as compared to a wet scenario. An important constraint for land acquisitions is the low willingness to pay (WTP) for land by nature-conservation organizations. We demonstrate that higher WTP increases land purchases considerably. However, the spatial pattern of land acquisition is fragmented, which may undermine its effectiveness from a restoration perspective. Conclusions: The combination of these processes leads to land acquisitions for the NEN that do not meet the initially-stated policy objectives by far. In addition, the abolition of a land-trade organization supported by a land bank leads to more fragmented pattern of nature reserves. [ABSTRACT FROM AUTHOR]

The article discusses the legal ambiguity related to laws for groundwater use in Texas as it relates to fracing. Topics discussed include the state laws related to basic drilling process and fracing; groundwater withdrawal for fracing; and ways to promote and develop certainty in Texas groundwater law.

The article discusses the decision of San Antonio, Texas Court of Appeals on the lawsuit Edwards Aquifer Authority v. Bragg related to groundwater regulation in Texas. Topics discussed include the laws for regulating the use of groundwater in Texas, legal developments for creating cause of action under the takings clause, and the laws for regulating endangered species litigation.

One recurring question in the academic literature on common-pool resources relates to the persistence of "tragic" commons regimes--systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some tragic commons regimes, they are almost self-evident. Such persistent and obvious tragic commons regimes invite the obvious question: why do they endure? Some persistent tragic commons regimes are particularly puzzling in this respect, because at times they may appear to hesitate right on the verge of positive transformation, only to revert back to tragic stasis when apparent moments of change present themselves. In this Article, I claim that Texas groundwater law represents just such a persistent and puzzling tragic commons regime. Recent literature has pointed out the ways in which tragically stable commons regimes can resist forces of change and emerging values from rival institutions and analogous commons contexts. In this Article, I pursue a related line of inquiry to examine a different and previously under-examined phenomenon. Using Texas groundwater as an example, I show how an internally dynamic commons regime on the cusp of positive change can be tragically stabilized by values and legal doctrines drawn from rival institutions and analogous commons contexts. I then argue that unless this tragic crossover is decisively broken, the law and institutions that govern Texas groundwater are likely to remain tragically stable. [ABSTRACT FROM AUTHOR]

An introduction is presented in which the editor discusses several report published within the issue on topics including Texas groundwater law, urban interaction space, and commons analysis to constitutional jurisprudence.

The article focuses on the impact of Texas Supreme Court's decision in case Edwards Aquifer Authority v. Day (Day) on regulatory takings claims involved in groundwater used for oil and gas drilling operations in Texas. Topics discussed include Texas oil and gas regulatory takings as well as groundwater regulatory takings, Texas Court of Appeals case City of Houston v. Trail Enterprises, Inc., and the U.S. Supreme Court case Loretto v. Teleprompter Manhattan CATV Corp.

The article explores the legislative framework related to process of hydraulic fracturing in the U.S. Topics discussed include increased risk of groundwater contamination due fracturing, lack of accurate information to the public on regulation of hydraulic fracturing on both federal and state levels; use of mandatory injection of tracers into frac fluids in fracturing; and need of scientific foundation for hydraulic fracturing regulation.

The article examines water issues that normally arise in the context of real estates transactions in Arizona. Topics covered include the method that purchasers can use for applying for and obtaining water services, a brief introduction to the water law in Arizona, and the provisions of the Groundwater Code that governs the withdrawal and use of groundwater in the state.

The article looks at the California's Water Code and Government Code that supplement the common law and act to regulate the management, allocation, and use of the state groundwater resources. Topics discussed include the chapter 346 and 347 of the state government code, the U.S. Sustainable Groundwater Management Act, and legislative framework for prioritizing groundwater basins in the state.

Effective policies to protect groundwater-dependent ecosystems require robust methods to determine the environmental flows and levels required to support species and processes. Frameworks to support groundwater management must incorporate the relationships between hydrology and species and ecological processes. These hydro-ecological relationships can be used to develop quantitative, measurable thresholds that are sensitive to changes in groundwater quantity. Here we provide a case study from a group of fens in central Oregon, USA, that are used for cattle watering, but also support numerous sensitive species. We developed quantitative relationships between the position of the water table and wetland indicator plant species and the process of peat development, to propose groundwater withdrawal thresholds. A maximum depth to water table of –0.9 to –34.8 cm for fen plants and –16.6 to –32.2 cm for peat accretion can be tolerated in these wetlands. Defining hydro-ecological relationships as thresholds can support management decisions.Editor D. Koutsoyiannis; Guest editor M. AcremanCitation Aldous, A.R. and Bach, L.B., 2014. Hydro-ecology of groundwater-dependent ecosystems: applying basic science to groundwater management. Hydrological Sciences Journal, 59 (3–4), 530–544. [ABSTRACT FROM PUBLISHER]

Would California be better off adopting Colorado's system of special water courts to best remedy the cost, complexity, and delay of water rights adjudication? While Colorado's water courts offer many benefits, including aligning water divisions with watersheds and publishing a useful resume, California is likely better off focusing instead on improving existing institutional tools for several reasons. First, there is little evidence indicating California has lifted the wariness it showed against special water courts when it kyboshed this very proposal in 2005. This resistance suggests California may make more progress by focusing on making tangible improvements in other ways. Second, Colorado's water courts do not serve as a panacea against cost and delay on the contrary, not only is Colorado grappling with similar issues despite operating special water courts, but commentators have also suggested that it should even consider adopting some features of California's administrative permitting system to improve flexibility. Third, the underlying causes for cost, complexity, and delay in Californian water rights adjudication differ from those in Colorado, and therefore demand different solutions than water courts. Given California's unique features, the causes of costs, complexity, and delay pertain to civil procedure machinery and underlying substantive water and groundwater doctrines. Fourth, from a cost perspective, California's existing investment in functionally equivalent or similar tools may support the case to continue this path, although the real test is a cost-benefit analysis between setting up water courts and improving existing institutions. Therefore, in remedying cost, delay, and complexity of water rights adjudication, California will likely make more progress by focusing on improving the functionality of existing tools rather than courting the idea of water courts any longer. Specifically, California will likely benefit from doing the following: (1) remove the underlying causes of these three problems; (2) reflect on the appropriateness of adopting certain useful features of Colorado's system and do so; (3) assess and improve the effectiveness of existing institutions like the complex civil litigation pilot project to tackle these three problems; (4) evaluate any inherent biases in designing institutions for water rights adjudications; (5) continue to bolster judicial education; (6) extend education efforts regarding water rights adjudication to the wider citizenry; and (7) tackle root causes that spawn water rights litigation and improve water planning. In sum, opening the mind to other attractive models is helpful. However, we should not rush to adopt them blindly. Trying to plug them in at home like appliances into outlets will only get us burned. instead, we can help ourselves by first reflecting critically to understand our own needs and then assessing whether we are better served by adopting other models or declining them in order to cultivate a solution that truly addresses our needs. [ABSTRACT FROM AUTHOR]

The article discusses the reported efforts to balance the challenges of private property interests, state management authority in Texas water planning, and the legal aspects of endangered species as of 2014, focusing on the U.S. Endangered Species Act (ESA) and Texas' handling of drought conditions in the state. The ESA's prohibition against the taking of an endangered species is mentioned. It states that Texas adopted the English common law rule of capture for percolating groundwater in 1904.

The article offers information on the bifurcated approach of the Texas state government to reform and apply different water laws such as the rule of capture to avoid exploitation and promote conservation of surface water and groundwater for meeting the state's needs of water. Topics discussed include the efforts of the Texas Groundwater Protection Committee, right to use available water under the surface water law and groundwater law, and Texas Water Development Board (TWDB).

The article focuses on hydraulic fracturing, a process used to stimulate the production of oil and natural gas from low permeability formations, and analyzes whether hydraulic fracturing causes contamination of underground drinking water. It discusses some legal and practical issues regarding baseline testing of groundwater and the rules that encourages such testing.