RESTORING INSTREAM FLOWS IN THE U.S. AND THE WORLD

Conflicts based on the perceived needs of ecosystems versus humans for fresh water are becoming increasingly prevalent. This presentation addresses the major issues involved in transitioning to instream flow protection and generally incorporating environmental goals in water management. Following a brief outline of the state of freshwater ecosystems in the U.S. and worldwide, this presentation points out that ground water is a key component of instream flows and thus hydrogeologists should be more involved in the ongoing debates about maintaining healthy riverine ecosystems. Instream flow protection is an emerging concern in the western U.S., where instream flow programs are largely conditioned by the water-rights system in which they are operational. Instream flow water-rights designations often have such a low priority date that they do not offer much protection to rivers and streams. While the prior appropriation doctrine is the common denominator in western U.S. water law, individual states differ appreciably in the mechanisms available for the protection of instream flows. Promising opportunities for achieving instream flows in both under-allocated and over-allocated basins are outlined, and new methods in protecting fresh-water ecosystems from different countries of the world are summarized. Instream flow protection measures include private water trusts, “upside-down instream flow water rights,” the “public trust” doctrine, and water markets, among other measures. The values that society places on the different uses of water ultimately determine where the water is allocated. Instream flow requirements can be legitimately recognized and addressed by basing the environmental needs of hydrologic systems on robust science, focusing on increasing the productivity of water use, engaging society in understanding the benefits and costs of decisions that affect ecosystems, and taking advantage of various opportunities for achieving instream flow goals.