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ASCE 9780784476918 2012

ASCE 9780784476918 2012

$47.67

ASCE 60 Guideline for Development of Effective Water Sharing Agreements

Published By Publication Date Number of Pages
ASCE 2012 132
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“Prepared by the Water Regulatory Standards Committee of the Standards Development Council of the Environmental and Water Resources Institute of ASCE. Guideline for the Development of Effective Water Sharing Agreements provides the basis for developing a complete, comprehensive, and well-integrated agreement for allocating and managing shared water resources. Effective water allocation and management requires planning and regulation by water basins, which often cross national, state, or tribal boundaries. The need to share these water resources inevitably breeds conflict, which can be best alleviated by an agreement among the different political organizations having jurisdiction over water allocation and water management. This Standard outlines a process to ensure that all pertinent factors are considered in the development of an agreement, so that the physical realities of the shared resources

PDF Catalog

PDF Pages PDF Title
1 Cover
6 CONTENTS
10 FOREWORD
12 PREFACE
14 ACKNOWLEDGMENTS
16 1 The Foundation for Effective Water Sharing
1.1 Purpose and Scope of the Standard Guideline
1.2 Distinctive Characteristics of Water
17 1.3 Guiding Principles for Effective Water Sharing
1.3.1 Coordination and Cooperation
1.3.2 Interdisciplinary Analysis
1.3.3 Watershed and River Basin Planning
1.3.4 Adaptive Management
18 1.4 Goals and Objectives of Water Sharing Agreements
1.4.1 Existing Demands and Usage
1.4.2 Future Demands and Usage
1.4.3 Quality of Water Allocated
1.4.4 Sustainable Management
1.5 Summary
20 2 Water Sharing across Political Boundaries
2.1 Obstacles to Effective Water Sharing
2.1.1 Agreement across Political Boundaries
2.1.2 Conflicting Internal Water Rights
21 2.1.3 Conflicting Internal Water Policies
22 2.1.4 Incomplete Knowledge of Water Resource Availability
2.1.5 Incomplete Knowledge of the Water Resource Demands
2.1.6 Conflicting Internal Economic Policies
23 2.2 Negotiating Obstacles Leading to an Agreement
2.2.1 Obligation to Cooperate and Negotiate in Good Faith
2.2.2 Obligation to Prevent Unreasonable Harm to Other Parties
2.2.3 Commitment to the Equitable Utilization of the Shared Water
2.2.4 Commitment to the Values of Water Resource Sustainability
24 2.2.5 Obligation to Exchange Adequate Data with the Other Parties
2.3 The International Law of Transboundary Water Sharing
2.3.1 Substantiating International Legal Norms
2.3.2 Legal Norms of Water Sharing
2.3.3 Legal Evolution of Shared Water Agreements
27 2.4 Summary
28 3 Resource Assessments
3.1 Geographical and Political Boundaries
3.2 Assessment of Water Laws and Policies
29 3.2.1 Water Rights
30 3.2.2 Water Policies
31 3.3 Assessment of Water Resources
3.3.1 Data Collection and Uncertainty
3.3.2 Water Supply
32 3.3.3 Underground and Atmospheric Water Supply
33 3.3.4 Quality of Water Supply
3.3.5 Water Supply Augmentation
35 3.4 Assessment of Water Demands
3.5 Summary
36 4 Administration of Agreements
4.1 The Challenge
4.2 The Historical Record of International Water Sharing Institutions
4.2.1 Coordination and Cooperation Agreements
4.2.2 Comprehensive Agreements
37 4.2.3 Analysis
4.3 The Historical Record of U.S. Water Sharing Institutions
4.3.1 Interstate Compacts
38 4.3.2 Federal–Interstate Compacts
4.3.3 Federal Administration of Shared Waters
39 4.3.4 Title II River Basin Planning Commissions
4.4 Organizational Design Principles
4.4.1 Interdisciplinary Analysis
4.4.2 Legal Basis
40 4.4.3 Political Validity and Equitable Participation
4.4.4 Financial Viability
4.4.5 Implementation and Enforcement Competence
4.4.6 Stakeholder Involvement
4.4.7 Adaptability
4.5 Choices in Institutional Design
4.5.1 Purpose and Objectives
4.5.2 Rules of Decision
4.5.3 Powers and Duties
41 4.5.4 Accountability and Responsiveness
4.5.5 Compliance
4.5.6 Dispute Resolution
4.6 Summary
44 5 Water Allocation Strategies
5.1 Strategies for Water Allocation
5.1.1 Surface Water
45 5.1.2 Underground Water
46 5.1.3 Atmospheric Water
5.1.4 Integrating Surface, Underground, and Atmospheric Water Allocation
5.1.5 Allocating Water Resulting from Supply Augmentation
47 5.2 Adaptive Management
5.3 Summary
50 6 Model Water Sharing Agreements
6.1 Purpose and Scope of Models
52 Appendix A: Model Water Sharing Agreement A (Coordination and Cooperation)
A.1 Article 1A: Declaration of Policies and Purposes
54 A.2 Article 2A: General
56 A.3 Article 3A: Administration
62 A.4 Article 4A: Coordination of Water Issues
63 A.5 Article 5A: Dispute Resolution (Optional)
64 A.6 Signatures
66 Appendix B: Model Water Sharing Agreement B (Limited Purpose)
B.1 Article 1B: Declaration of Policies and Purposes
68 B.2 Article 2B: General
71 B.3 Article 3B: Administration
73 B.4 Article 4B: Equitable and Reasonable Use of Water
76 B.5 Article 5B: Dispute Resolution (Optional)
77 B.6 Signatures
B.7 Allocation Alternatives
80 Appendix C: Model Water Sharing Agreement C (Comprehensive)
C.1 Article 1C: Declaration of Policies and Purposes
83 C.2 Article 2C: General
88 C.3 Article 3C: Administration
97 C.4 Article 4C: Comprehensive Water Management
111 C.5 Article 5C: Financing
C.6 Article 6C: Dispute Resolution
115 C.7 Signatures
C.8 Financing (Example)
117 C.9 Arbitral Panel (Optional)
120 GLOSSARY
A
B
C
D
E
F
G
121 H
I
L
M
N
O
P
R
S
T
U
W
122 REFERENCES
130 INDEX
A
B
C
D
E
131 F
G
H
I
J
L
M
N
O
P
Q
132 R
S
T
U
W

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ASCE 9780784476918 2012
$47.67