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The management of water, possibly our most vital resource, is evolving. Sustainable water supply
planning is gaining attention and businesses, municipalities and governments are seeking a better
understanding of the connection between quality and quantity. Regulatory agencies are seeking to
expand the scope of their authority, creating consequences that affect everyone.
At Troutman Sanders, we have experience with every essential issue related to water supply, from
resource management and systems planning to permitting, compliance and litigation. We have developed
permits and regulations, defended against government or citizen challenges to water withdrawals, and
negotiated with state and federal legislators over regional water issues. When called upon, we have
represented our clients in water-related litigation, always keeping their business interests at the forefront
of our litigation strategies.
The number and type of permits required to develop or expand water projects has changed dramatically
over recent decades. Water projects almost always affect "waters of the United States," especially
wetlands, which cannot be filled without permits from the U.S. Army Corps of Engineers (the Corps) and,
in many cases, state environmental agencies. Many states now limit the quantities of water that can be
taken on a daily or seasonal basis in order to protect fish life, recreation and other instream values.
Compliance with the National Environmental Policy Act (NEPA), and issues surrounding endangered
species, coastal zone management, historic and cultural resources, and environmental justice are also
important considerations. All potential issues must be treated carefully, given the Environmental
Protection Agencys (EPA) power to veto any Corps permit and the fact that federal and state permits are
subject to judicial review.
The following are among the major issues raised in challenges to alternative water source development:
REPRESENTATIVE EXPERIENCE
Negotiated water-withdrawal permits for businesses and public water-supply systems.
Defended water-withdrawal programs and permitting decisions against challenges from
environmental groups.
Represented a large city in the southeastern United States in planning, permitting and
construction of a 60-million-gallon-per-day water project. The project consisted of a water-pumping station
in an existing Federal Energy Regulatory Commission (FERC) licensed hydroelectric project and an 86-
mile long pipeline to convey the water to the city. This work included representing the city before FERC,
the U.S. Department of Commerce, state trial and supreme courts, federal district courts, the U.S. Courts
of Appeals for the Fourth Circuit and the D.C. Circuit, and the U.S. Supreme Court, in challenges by a
neighboring state and other affected interest groups.
Mission H2O: A stakeholder group focused on water supply issues in Virginia, Mission H2O is led
by Troutman Sanders and includes agricultural and industrial water users, providers and service
professionals. This group acts as a voice for members to ensure sound policy and regulatory decisions
are made that affect supply issues in Virginia.
Represented a large municipality in a class-action lawsuit against all riparian landowners on a
major interstate river. The suit sought to obtain a declaration that a proposed municipal water-supply
withdrawal would not injure downstream riparian landowners or trigger equitable apportionment of water
rights among the affected states. We coordinated comments on water-management policies and
regulations proposed by state agencies.
Coordinated a water-supply stakeholder group focused on water-supply issues in Virginia. Our
work included participation in the development of a state water-supply plan and evaluation of groundwater
management options.
Represented a manufacturing trade association in lobbying against a statutory alteration of the
common law of riparian rights and public trust doctrine to make all waters in Georgia subject to the public-
trust doctrine.
Helped conduct environmental sustainability audits, aiding our client in documenting water usage
and developing strategies for managing water needs.
Handled all permitting work for a large municipal water-supply system seeking to develop a large
reservoir project to add 30 million gallons per day of water capacity. This project involved endangered
species, Indian rights, fisheries, and a host of other legal and factual issues.
Advised a major real-estate developer on compliance with NEPA, the Endangered Species Act
and the Federal Power Act. Our client was seeking approval to increase water withdrawals from a FERC-
licensed hydroelectric reservoir to meet the needs of a large mixed-use development.
Drafted portions of the Apalachicola/Chattahoochee/Flint and Alabama/Coosa/Tallapoosa
interstate compact, and participated in contentious negotiations regarding said compacts.
Intermediate Engineering
Water supply and distribution Distribution systems layout
Selection and Development of Water Sources
When selecting a water source for development, the engineer must consider three primary
factors: water quantity, water reliability, and water quality. The quantity factor considers the
amount of water that is available at the source and the amount of water that will be required or
demanded for use. The amount of water that maybe available at the source depends on variables,
such as the amount of precipitation, the size of the drained area, geology, ground surface,
evaporation, temperature, topography, and artificial controls. Water demands are estimated using
per capita requirements and other controlling factors, such as water requirements for fire
protection, industrial use, lawn sprinkling, construction, vehicles, and water delivered to other
activities.
The reliability of a water supply is one of the most important factors that the engineer considers
when selecting a water source. A reliable water source is one that will supply the required amount
of water for as long as needed. To determine the reliability of the water source, the engineer
studies data, such as hydrological data, to determine the variations that maybe expected at the
water source. Geological data should be studied since geological formations can limit the quantity
and flow of water available. Also, legal advice may be necessary when selecting a water source
since the laws regulating and controlling water rights may vary considerably from state to state
and country to country.
The third primary factor the engineer must consider when selecting a water source is the quality
of the water. Practically all water supplies have been exposed to pollution of some kind. Therefore,
to ensure that water is potable and palatable, it must be tested to determine the existence of
any impurities that could cause disease, odor, foul taste, or bad color. In most cases, the water will
require treatment for the removal of these impurities. In water treatment, the water is subjected to
various filtration and sedimentation processes, and in nearly all cases is disinfected using chlorine
or other disinfecting chemicals.
Once the water source has been selected, development of the source can begin. Developing a
water source includes all work that increases the quantity and improves the quality of the water or
makes it more readily available for treatment and distribution. In developing a source, the
engineer may use the construction of dams, digging or drilling of wells, and other improvements to
increase the quantity and quality of the water.
For a more detailed discussion of water source selection, development, and treatment, you should
refer to chapter 9 of the UT1 TRAMAN. For NAVFAC guidance, you should refer to Water Supply
System, MIL-HDBK-1005/7.
Now that you are familiar with water sources, let us move onto water distribution.
The elements of a water distribution system include distribution mains, arterial mains, storage
reservoirs, and system accessories. These elements and accessories are described as follows:
1. DISTRIBUTION MAINS. Distribution mains are the pipelines that make up the distribution
system. Their function is to carry water from the water source or treatment works to users.
2. ARTERIAL MAINS. Arterial mains are distribution mains of large size. They are
interconnected with smaller distribution mains to form a complete gridiron system.
3. STORAGE RESERVOIRS. Storage reservoirs are structures used to store water. They also equalize
the supply or pressure in the distribution system. A common example of a storage reservoir is an
aboveground water storage tank.
a. BOOSTER STATIONS. Booster stations are used to increase water pressure from storage tanks
for low-pressure mains.
b. VALVES. Valves control the flow of water in the distribution system by isolating areas for repair
or by regulating system flow or pressure.
c. HYDRANTS. Hydrants are designed to allow water from the distribution system to be used
for fire-fighting purposes.
d. METERS. Meters record the flow of water in a part of the distribution system.
e. SERVICE CONNECTIONS. Service connections are used to connect individual buildings or other
plumbing systems to the distribution system mains.
http://www.tpub.com/inteng/2k.htm
The Millennium Development Goals (MDGs), agreed in 2000, aim to halve the
proportion of people without sustainable access to safe drinking water and basic
sanitation between 1990 and 2015.
A total of 748 million people still do not have access to an improved drinking water
source and existing indicators do not address the safety and reliability of water
supplies. To reach the requirements of the right to access to safe drinking water
requires real improvements for several billions of people.
In July 2010, the General Assembly adopted a resolution, which recognized the right
to safe and clean drinking water and sanitation as a human right that is essential for
the full enjoyment of life and all human rights. (A/RES/64/292).
The MDG target for sanitation is an even more pressing challenge, with 2.5
billion people currently lacking access to improved sanitation and over one billion
still practicing open defecation. At current rates of progress, the sanitation target will
be missed by over half a billion people.
These global aggregates also mask large disparities between nations and regions, rich
and poor, between rural and urban populations, as well as between disadvantaged
groups and the general population.
There is currently no global target to improve hygiene, despite this being one of the
single most cost-effective public health interventions.
The Zaragoza Conference focused on the tools for implementation stated in the
outcome document of the United Nations Conference on Sustainable Development,
held in Rio de Janeiro from 20 to 22 June 2012, entitled "The future we want", which
includes finance, technology and capacity building, adding the institutional and policy
dimensions.
As the time limit for the MDGs draws to a close in 2015, the global community is
taking stock of how it can move towards a sustainable future. The MDG framework
did not address the full water and development agenda, nor fully recognize its
synergies with other areas and concerns. Emphasis on Sustainability was not
included and human rights and inequalities were also largely ignored in the MDG
framework. Subsequently, member states have agreed that human rights, equality and
sustainability should form the core of the development agenda and be recognized as
critical for true development.
UN-Waters overarching goal is Securing Sustainable Water for All. The water goal
and targets directly address the development aims of societies, promote human dignity
and ensure achievements are sustainable over the long term leading to the following
development outcomes, amongst others:
Sustainable development, water, and
Agriculture is by far the thirstiest consumer of water globally, accounting for 70% of
water withdrawals worldwide, although this figure varies considerably across
countries. Rainfed agriculture is the predominant agricultural production system
around the world, and its current productivity is, on average, little more than half the
potential obtainable under optimal agricultural management. By 2050, world
agriculture will need to produce 60% more food globally, and 100% more in
developing countries.
Industry and energy together account for 20% of water demand. More-developed
countries have a much larger proportion of freshwater withdrawals for industry than
less-developed countries, where agriculture dominates. Balancing the requirements of
sustainability against the conventional view of industrial mass production creates a
number of conundrums for industry. One of the biggest is globalization and how to
spread the benefits of industrialization worldwide and without unsustainable impacts
on water and other natural resources.
Domestic sector accounts for 10% of total water use. And yet, worldwide, an
estimated 748 million people remain without access to an improved source of water
and 2.5 billion remain without access to improved sanitation.
Cities. More than half the world already lives in urban areas and by 2050, it is
expected that more than two-thirds of the global population of 9 billion will be living
in cities. Furthermore, most of this growth will happen in developing countries, which
have limited capacity to deal with this rapid change, and the growth will also lead to
increase in the number of people living in slums, which often have very poor living
conditions, including inadequate water and sanitation facilities. Therefore, the
development of water resources for economic growth, social equity and
environmental sustainability will be closely linked with the sustainable development
of cities.
http://www.un.org/waterforlifedecade/water_and_sustainable_development.shtml
Source & : UNESCO, The United Nations World Water Development Report 2 (2006)
Section 2: Changing Natural Systems,
Chapter 4 (UNESCO & WMO, with IAEA),
Part 5. The Challenge of Sustainable Development, 5d. Responses, p.153
www.unesco.org/water/wwap/wwdr2/pdf/wwdr2_ch_4.pdf
Conserving available water and reducing demand is a necessary measure in water-short regions,
especially those in arid climates. Programmes of conservation and demand reduction are referred to as
water demand management (WDM). This approach differs from the traditional supply-driven method,
which makes all existing water available. WDM applies selective economic incentives to promote efficient
and equitable water use. It also identifies water conservation measures that are aimed at raising societys
awareness of the scarcity and finite nature of the resource.
Conservation measures have not been readily implemented, particularly where water was perceived as
abundant. However, the benefits in the extended useful life of water supply and treatment plants and in
the operating efficiency and duration of sewage disposal systems can be considerable in terms of higher
economic return on investment. On the environmental front, conservation allows for the diversion of the
unused volumes to sustain ecosystems and also lowers the pollution loadings to lakes, rivers
andgroundwater. Such steps lead to improved protection of drinking water sources and overall ecological
balance (Environment Canada, 2005b).
WDM advocates a wide range of measures that go beyond conservation to broadersustainable resource
management. It applies to the protection of water quality sources; reduction of wastage both in
infrastructure leakage and by users; improvement of water allocation among competing uses, and
creation of appropriate pricing mechanisms. One example of a situation where conservation measures
are needed is the case of undelivered water a commonly accepted result of utilities supplying water
through piped distribution systems. The leakage from degraded pipes provides unaccounted for water
that results in both a physical shortage and reduced revenue. In terms of inefficiency of resources and
operations, losses are routinely reported as 40 percent and as high as 60 to 70 percent in some major
cities. Though it is an endemic problem for most water utilities, its impact on society in terms of wasted
water resources is even more substantial.
Further water conservation can be achieved after delivery by improving use practices in households.
Reductions in community water use after conservation measures have been applied are reported to be as
high as 40 percent. These two situations illustrate to what extent the water that is currently supplied may
not actually be needed. By reducing leakage and demand, substantial reductions in the source volumes
could be achieved. This should be a clear message in development settings. WDM may obviate the need
for some of the proposed large-scale physical or infrastructure investments and thereby provide real
efficiency gains to society (GWP, 2005a).
Source & : UNESCO, The United Nations World Water Development Report 2 (2006)
Section 2: Changing Natural Systems,
Chapter 4 (UNESCO & WMO, with IAEA),
Part 4. Matching Demands to Supply, 4d. Demand management, p.149
www.unesco.org/water/wwap/wwdr2/pdf/wwdr2_ch_4.pdf
Water resources assessments (WRAs) are designed to be analyses of available water sources from the
perspective of potential water use. Since Rio 92, and in particular the Dublin 2000 considerations, water
resources have come to be more broadly considered within the dimensions of social equity, economics
and ecosystem/ecohydrology. The modern WRA process can be adapted and updated to include these
relationships (GWP, 2005b).
Hydrological data and information systems and networks provide the basic and critical input to WRA,
whether the assessment is done within an IWRM perspective at the national or basin/sub-basin/aquifer
level or otherwise. Factors that affect the accuracy of hydrological input to WRAs include: the number of
gauging stations, station distribution within physiographic regions, duration and continuity of observations,
quality of measurements, and data processing. The commonly measured parameters include
precipitation, evaporation, soil moisture, river level and discharge, groundwater (well) depths, sediment
and water quality data on a continuous, hourly, daily or monthly basis.
However, reliability and availability of data have declined sharply since the mid-1980s, particularly in
Africa and in Eastern Europe (Rodda, 1998), and that situation has not changed substantively since the
turn of the century. Investment in national networks has fallen drastically and is still decreasing.
Hydrometric networks, while they are costly to maintain, provide basic WRA input that cannot be collected
dependably by any other means (see Chapter 13).
The development of more decentralized and basin-type approaches for WRA is inherent in the
internationally agreed upon IWRM principles. It is widely recognized that it will take several decades of
institutional adjustment (Blomquist et al., 2005) to reorient water management practices on basins.
However, such changes are beginning at the basin level and there are examples of decentralized
approaches on most continents in terms of water management processes. An important element of the
World Water Assessment Programmes mission is to assist partner case study countries in developing
their own assessment capacity (see Chapter 14). Sovereignity issues and competition will always remain
factors in managing the resource. However, the basic WRA scope which broadly defines the extent of
available water quantity and quality, including aspects related to environment, pollution and water use, is
the basis for effective management. This information can be collected and jointly developed by the
nations sharing the resource (see Chapter 11). These will give forward-looking direction not only in water
technology areas but also on how improving data, information and assessment practices for water
resources will provide critical knowledge that will greatly benefit society, human livelihoods and the
environment.
https://www.greenfacts.org/en/water-resources/l-3/6-sustainable-management.htm
Volume of water required: This will depend on demand, which relates to the number and
type of potential users. Will the new source be able to meet the demand of all users? Have
future increases in demand and population growth been taken into consideration?
Quality: Is the water from a safe and protected source? If not, what will be the level of
treatment needed and how will this be achieved? What is the risk of pollution of the source?
Seasonal variations: Is the new water source reliable, or is it vulnerable to seasonal
variations in the availability of water? How will this be accommodated?
Distance between source and users: How far must the water be transported? What is the
sort of distribution system that will be needed? What are the engineering requirements for
the system?
Cost: Following on from all the above, what is the cost of developing the new source
(both capital and continuing operating and maintenance costs) into the future?
Environmental impact: What are the predicted environmental consequences of
developing the water source? Will the benefits of the new supply outweigh any
disadvantages?
Sustainability: Can the water source be developed and used in such a way that it does not
compromise the future ability to supply water? For example, the rate of abstraction from a
spring should not exceed the rate of natural replenishment.
Answers to all of these questions and more, together with detailed surveys, assessments and
analyses, will be required to identify possible new water sources. Mentioned in the list above is
the possibility of pollution of the water source. There are many possible sources of pollution and
these will be discussed in the next study session.
3.5 Rainwater
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