# Presentation: 174184

## Floodplain ManagementSESSION 21

**Policy History: Rivers as a Legal Battleground **
**Public Policy in the American Federal System – An Overview**
**Prepared by Elliot Mittler, PhD**

**Notes:**
Title Page for Session 2

## Public Policy in the American Federal System

**Objectives:**
- Explain the division of public policy decisions in the American federal system.
- Explain the use of mandates and their effect on water management.
- Compare water laws east and west of the Mississippi River.
- Identify how physical and biological systems have affected public policy.
- Discuss the broad aspects of public policy within the context case study floodplains

## Tenth Amendment - U.S. Constitution

-  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

## The Nationalization of Water Pollution Policy 

| Date | Title | Important Provisions |
| --- | --- | --- |
| 1948 | Water Pollution Control Act, PL 80-845 | Gave the federal government authority for investigations, research, and surveys.  Left primary responsibility for pollution control to the states. |
| 1956 | Water Pollution Control Act Amendments, PL 84-660 | Established federal pollution policy for 1956-1960 period.  Provided (1) federal grants for construction of municipal water treatments plants, (2) complex procedure for federal enforcement actions against individual dischargers. |
| 1961 | Federal Water Pollution Control Act Amendments, PL 87-88 | Strengthened federal enforcement procedure. |
| 1965 | Water Quality Act, PL 89-234 | Created Federal Water Pollution Control Administration |
| 1966 | Clean Water Restoration Act, PL 89-753 | Increased grant authorizations. |
| 1970 | Water Quality Improvement Act, PL 91-224 | Established liability for owners of vessels that spill oil and created new rules regarding thermal pollution. |
| 1972 | Federal Water Pollution Control Act Amendments, PL 92-500 | Set federal policy that provided for (1) federal establishment of effluent limits for individual sources of pollution, (2) issuance of discharge permits, (3) large increase in authorized grant funds for municipal waste treatment plants. |
| 1974 | Safe Drinking Water Act, PL 93-523 | Directed the EPA to set standards, applicable to all public water systems, to protect human health from organic, inorganic, and microbiological contaminants and for turbidity in drinking water. |
| 1977 | Federal Water Pollution Control Act Amendments, PL 95-217 | Relaxation of some standards under the 1972 amendments, such as industrial antipollution standards on suspended solids, fecal bacteria, and oxygen demand of discharge if it can be shown that the cost of equipment exceeds benefits. |

**The Nationalization of Water Pollution Policy**

## Run off east and west of the Mississippi River

**Run off east and west of the Mississippi River**

**Notes:**
A map of the United States illustrating that there is greater runoff in the eastern states.

## Water Rights

- The rights of those people, communities, and businesses that wish to withdraw water from flowing streams or under ground for their use
- _East _of the Mississippi River, where rainfall, and thus water, is relatively abundant, **riparian water rights** are generally in force.
- _West_ of the Mississippi River, where rainfall is relatively scarce, typically the **doctrine of prior appropriation** generally rules.

## Riparian Water Rights

- A “riparian” system of water rights -- right to use water with the ownership of land beside or within which water flows.
- A riparian owner -- permitted to use all the water it needs for its “proper purposes,” returning to the stream all that is not consumed, without liability to downstream riparian owners.

## Doctrine of Prior Appropriation

- Determines the allocation of water for beneficial purposes:
- Irrigation
- Mining
- Industrial application
- Stock watering
- Domestic
- Municipal use
- Other non-wasteful economic activities
- Allocation rests upon the fundamental maxim, “first in time, first in right”
- Water rights may be forfeited if an appropriator does not divert water for a specified period of time.

## Types of Water Rights

- _Direct flow right_ – Water being diverted for current use.
- _Storage right_ – Water being diverted into storage for future use.

## Ground Water

- _Tributary ground water_ – Water that is hydrologically connected to surface flow
- _Non-tributary ground water_ – Water that comes from an underground aquifer that has no connection to a natural surface stream

## Administration of Water Rights

- Each state has an agency or official charged with the administration of water rights within its boundaries.
- Usually, person or agency is within the department of water or natural resources. There may also be a “water commissioner” to administer the water rights on particular rivers or streams.
- Administrator enforces the priority rule, ensuring those persons with the oldest priority dates (senior water rights) have the opportunity to divert water for their uses before those with the newest priority dates (junior water rights).

##  Irrigation	

- _Department of Interior_ -- prominent player west of the Mississippi River
- _Bureau of Reclamation_ – agency within the Department of the Interior that constructs dams to conserve and divert water in arid areas, normally for irrigation, but also for hydroelectric power and drinking water.

## In Class Discussion – 30 Minutes

- Objective:  to facility the development of the team’s module case study exercise through discussion
- Task:
- Response will be by case study floodplain team.
- Each team will have several minutes to discuss and come up with a “team” answer concerning:
- What are possible conflicts or areas of overlapping jurisdiction between local government, regional government, and the federal government in setting water policy?
- What are the important questions or issues that arise?

## Homework assignment

- Objective:  Identify government responsibilities
- Tasks:
- Each team is to research how responsibilities for water use, pollution, and floodplain management have been divided