(150d) A Re-Examination of US Water Policies That Prevent Sustainable Water Consumption and Reuse

Water management and allocation has been integral in the success and development of the United States of America. While ground water has been historically recognized as a personal property right, surface waters required greater regulation. Thus, the first water policies were developed and reflected man’s desire to harness the wild rivers for human development. Acts such as the 1920 Federal Power Act and 1922 Colorado River Compact illustrate governmental hopes of controlling water ways for power generation and agricultural allocation among states. The Colorado River Compact, in particular, attempted to fairly divide a shared water resource among users across a number of states based on projected need. As US expansion and development continued, the federal government sought to further centralize control and regulation of waterways through the 1936 Flood Control Act and the 1948 Water Pollution Act. Early water policy failed to protect water supplies, allowing US development to severely deplete and pollute water resources. As such, in the last quarter of the 20^th century, focus was placed on protecting drinking water, 1974 Safe Drinking Water Act, and to support research which investigates how the country can safely reclaim and reuse waste water, Title XVI in 1992. Looking forward into the 21^thcentury, water policies should reflect a need for sustainable water consumption and increase of water reuse and reclamation, employing the discoveries made in science.

The present need and desire to encourage wise water use and water recycle must be driven by an understanding of the factors which have historically prevented municipalities and industry from water recycling. The current system for water distribution taxes users a nominal fee to subsidize the cost of water transportation. The water, itself, is free. As such, the abundance of free water coupled with lack of public knowledge on water management issues have contributed to excessive consumption of fresh water which has depleted water resources around the US. For example, the average depth in the 174,000 square mile Ogallala aquifer, one of the world’s largest, has dropped from 240ft to approximately 80ft. Conservative estimates predict that full depletion of the aquifer will occur in the next 25 years, requiring a recharge time of 6,000 years to reach initial levels. Clearly, current time horizons dictating water use disregard long term water conservation. If the rate of water withdrawal continues to exceed the existing rate of aquifer recharge, the US will soon run out of a necessary resource which is at the heart of the US agricultural belt. Because the irrigated plains produce 20% of American grain and corn, failure to control water use will result in a collapse of the international agricultural market. Concerns for the protection of public health and a decline in public trust in government agencies are at the forefront of a list of challenges which prevent local governments from enacting infrastructure changes to improve water recycle. On a grander scale, the federal government is only able to act in a manner consistent with the U.S. Constitution. Thus, state laws may vary and can come into conflict if aquifers or surface water resources are shared. Recognizing how to address conflicts between states, municipalities, and the federal government is important to finding a solution. Industry must follow the regulations imposed by the three actors above. Strict water reuse regulations lead to cost-benefit analyses which prevent companies from conserving water and choosing to discharge their waste. Likewise, incentives are not currently in place to reward companies who are able to reduce consumption within limited time frames.

A simple mass balance on water usage in the US will illustrate that action must be taken to help conserve water resources. The national government should invest more heavily on alternative future analyses to determine the effects water use has on biophysical and human systems. Increasing scientific literacy in the public sector will also play a key role in gathering support from municipalities. Moreover, incentives, much like solar energy tax breaks, must be implemented to encourage better use of water. Infrastructure costs for water must be externalized to consumers resulting in increasing rates for water use, which will encourage sustainable water consumption. It is suggested that excessive water use be penalized on a tiered system to penalize waste and encourage sustainability. Existing policies must also be reexamined and redefined to reflect research discoveries. The relaxation of water reuse regulation coupled with more strict regulations on water discharge may encourage companies to conserve water. This paper will provide possible solutions for the aforementioned difficulties regarding water reuse.