the activities
Water Laws for Nerosophia (Politics of Water Law) Description: Students will study upstream/downstream issues through a case-based scenario. Go directly to:
The eastern and western United States have different approaches to their water laws. The historically water-rich eastern states have largely adopted the riparian doctrine, which gives water rights to anyone whose property adjoins or overlies the water source, provided the water is put to a reasonable use and the use does not interfere with the rights of other riparians. Inter-basin transfers, like the Gaston Lake Project in Virginia, in which water is transferred from one drainage basin to another without the water being eventually returned, are usually not allowed under riparian law (http://eerc.ra.utk.edu/divisions/wrrc/water_supply/chapter2.htm). "This is almost a universal case, a universal situation, where you're going to get very strong opposition from downstream interests," says University of North Carolina professor Dr. David Moreau. " In that particular case, it is an inter-state dispute, so you cannot use the institutions of the state to really resolve the issues." The Randleman Dam project, also covered in the documetary, "Troubled Waters: The Illusion of Abundance," created conflicts between communities, landowners, and downstream users of the Deep River. "While proponents contend dams control floods, and provide a controlled water flow as well as recreational opportunities, opponents say dams upset nature's balance along a river's flow, and affect the health of the river itself" . Building dams to provide water for some displaces others. "I was told that the dam would not affect me personally to the point where I would have to move...I wound up having to move, uh because I was told, they just weren't going to put a road in for me, there was no alternative, I was going to end up having to move," Roy Stamey in "Troubled Waters." In the western U.S. laws are derived from the doctrine of prior appropriation. Prior appropriation holds that those who first laid claim to the water own the right to the water and have the right to determine its use, even if the user does not own the land on which the water resides. This was important to settling the West, since it allowed settlement in mining areas that did not have their own water supply. Problems with this system occur when there just is not enough water to go around, as has been the case along the Colorado River. "The seven states through which the Colorado passes are experiencing extraordinary population growth and lush economic times: cities such as Phoenix and Las Vegas have literally grown out of the desert. But there isn't enough water to go around and legal battles over water are escalating," narrates Dr. Leutze in "Troubled Waters." Internationally, water disputes are generally resolved by treaty. But that method is incomplete and inconsistent. "In the Nile Basin, which has ten countries, for example, there is only one treaty between Egypt and Sudan, and it's over forty years old. That treaty is not really going to determine how the water is equitably used," states Sandra Postel, Director, Global Water Policy Project in "Troubled Waters." In the always volatile Middle East, water is becoming an increasingly scarce resource, and the need for it is increasing international tensions. In a treaty signed in 1995, Israel recognized Palestine's right to ground water on the West Bank. However the amount was never specified. "The issue is very much alive on the West Bank," says Postel. "There's a very distinct disparity in water use between the Israeli settlers on the West Bank and the Palestinians. The settlers tend to use four to five times more water than the Palestinians on the West Bank." Sandra Postel Interview (Microsoft Word document) The lack of a unified system of water laws leads to legal, and sometimes military, conflict. In this activity students research some of the important disputes over access to water that are affected by the applicable water laws, or in some cases, the lack thereof. They then will participate in creating new water laws for a fictional planet that will make the best use of the planet's water for all involved. Present the students with the scenario below. Assign students to two equal groups, the Downstream Party and the Upstream Party. You may select someone to preside over the legislature or let the parties nominate members and elect a president. Give students time to research upstream/downstream issues on the Internet. Have students convene the legislature of Nerosophia. (You may have students choose any name they want for the planet). The Downstreamers should be on one side of the room, the Upstreamers on the other. Legislators should rise to speak, and should only speak when recognized by the president. This is not a general discussion, but a debate wherein each speaker has a right to uninterrupted presentation of his message. You may decide on an appropriate time limit. Watching the U.S. Congress on C-Span would be a good warm-up to this experience. Students should thoroughly debate the issue. If the bill does not pass, amendments can be offered by either party or by a bi-partisan group. Stress accurate wording of amendments so that there will be no ambiguity. Help students understand that laws must be written with precise language. Make them think about their choice of words. Continue until a bill has been presented that is passed by a two-thirds majority. This will give students an incentive to build consensus on a water management plan that will benefit the most people. Scenario: In the latter years of the 21st century, the Earth has been ravaged by prolonged Water Wars. Increases in population and demand for water along with wasteful habits, have created such a shortage that the only way to ensure an adequate supply is to seize it militarily. Water has been hoarded by the strong and diverted to their uses so that many thousands have died, economies have shrunk to nothing, and whole countries have become barren. In the year 2107, with the Earth wracked by the Water Wars of the previous century, a party has been sent to colonize a new planet. This planet is remarkably like the earth. It has beautiful mountains, oceans, lakes, rivers and streams. The landscape ranges from lush forests to coastal plains to beaches, but also to areas of aridity, dry plains and deserts. The colonists have been sent to be the first residents of this new planet, and to be its first legislators. As members of the colonizing party, you have been living on the new planet for three years. You have developed a constitution based on that of the United States of America and meet regularly to develop the laws for the new planet, Nerosophia. Bound to prevent the water tragedies experienced on Earth, you have met to discuss a bill before the legislature that would set important precedents for the management of water resources on your new planet. There are two political parties, the Upstream Party, whose members live in higher elevations and near water sources; and the Downstream Party, whose members live nearer the oceans and low lying areas. The bill before the legislature is this: Whereas the present citizens of Nerosophia, having taken the brave step of leaving Earth to colonize a new world, and having the responsibility to prepare the way for later Earth colonists, as well as generations of Nerosophians to come; and Whereas the waters of our new planet must be managed for the biological, recreational, and economic needs of the citizens; and Whereas those best fitted to manage the water are those nearest the source; and Whereas great wealth shall come to those who control the water; therefore, Be it resolved that the waters of Nerosophia shall by law be owned by those who make first claim to it, as being on their legally owned property; and those same claimants shall own any water on lands they may procure in the future; and those claimants shall have sole right and obligation to decide the proper usage, diversion, or consumption of such water. As members of the Legislature, you must be prepared to argue for or against this bill. You will be assigned to be either a Downstreamer or an Upstreamer. You must defend the interests of your constituents. You should research some of the resources below, or those you find on your own, so that you will have knowledge of the issues. You should be able to back up your arguments with facts and historical precedents applying to this problem. You may propose amendments to the bill, or propose rewording of the bill. After debate on the bill, a vote will be taken. By Nerosophian law, any bill must pass by a two-thirds majority. It is important to get a bill passed to prevent water disputes, lest the mistakes of the past be repeated.
Water is a shared, finite resource, like many others students are familiar with. Lead a discussion on the video that encourages students to compare water to other commodities and natural resources. For instance, is inter-basin transfer similar to borrowing a cup of sugar? Or is it more like stealing a cup of sugar? Is water a resource like oil? If so, should they both belong to whoever owns the land above them, to be sold for the market price? If we are driving on a busy street, do we have any obligation to allow cars from side streets to enter the roadway? Is this anything like allowing others the use of a flowing stream? Have students consider other important resources, natural and commercial, such as air, electricity, food, real estate, and public lands. How is ownership of these determined, and what are ethical ways to ensure fair access to them? Lead students to consider the economic, social, and political consequences of their comments, and to discover the ethical implications of their positions. Internet Resources: Bringing Upstreamers and Downstreamers Together Klamath Water Rights India-Pakistan Dispute U.S. v. Mexico Farmers v. Environmentalists Instream Flows (natural flow) International Water Law Project Oregon Water Laws Washington Water Laws NC Water Laws NPR Audio U.S. - Mexico
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