MAKE NO BONES ABOUT WATER

Recently, the skeleton of England's King Richard III was discovered under a parking lot (car park) in Leicester. He is the king codified, somewhat incorrectly, in Shakespeare's play: "I, that am curtailed of this fair proportion,/Cheated of feature by dissembling nature,/Deformed, unfinished, sent before my time/Into this breathing world, scarce half made up,/And that so lamely and unfashionable/That dogs bark at me as I halt by them."

Richard III was killed in battle in 1485. Presumably, his remains were mellowing ever since. His skeleton shows head injuries as well as his deformed back.

Since discovery of Richard's bones, archeologists have dug into extensive analysis to confirm that the bones, in fact, are perceived royalty. The research has included DNA matches with apparent descendants over the globe, carbon dating of the bones and identification of the man's diet as appropriate for a king in 1485.

The interesting fact, however, is that for centuries people were walking, and more recently driving, on King Richard III. What would the Bard say about that? It seems disrespectful to royalty, and certainly contrary to what my mother admonished me repeatedly: "Don't let people walk all over you."

But, perhaps even more interesting is that Richard's bones are like ground water. We all walk, drive, farm, construct buildings and carry on life's activities on top of water in the earth below--water which serves all of these activities. We know where some of this water exist is, but not necessarily all of its locations. We may not know its age with certainty or how it really got there.

No doubt, Richards bones now will be well preserved for the future. Water is the bones of life. Will humanity preserve it for the future? With no disrespect to the Bard: "I, that I am curtailed of appearance/By earth, rock, blacktop and foundation,/And by wasteful uses and awkward laws,/As without halting, people and dogs walk over me as I slip away under their legs."

BEWARE OF WATER HOGS

Last week, the press reported that at least 6,000 dead pigs were fished out of the Huangpu River and tributaries. The river runs through the center of Shanghai and is the source of supply of the City's drinking water for some 23 million residents. According to some reports, officials there have expressed concerns that the pigs could become a cause of water contamination.

In the United States, I have heard of Asian carp jumping out of rivers. I also have heard of something called a pig in the poke. But I have never heard of pigs floating in rivers.

Over a ham on rye sandwich, I began to salivate how the United States might deal with 6,000 dead pigs bubbling in a river which provides drinking water for a major city. I could not find a provision in the Safe Drinking Water Act or EPA regulations for water hogs--such as so many pigs per liter (or is it litter) or so many pig parts per million. My guess is that by the time EPA could promulgate a standard, sausage would be be squeezing from faucets. On second thought, perhaps none of this should be a surprise. We are used to seeing a lot of pork coming out of Congress. Why not the same for rivers?

Maybe the whole story is simply some publicity fabrication by a movie studio for a new 1950s style science fiction movie, such as "Earth versus Floating Pigs--They Came From Inner Space."

Or maybe this is much dodo about nothing. According to one report, the Chinese government testing showed no known health concern for humans in the river water-- only a pathogen affecting pigs. So, the days when one would go to a river for fishing may now be replaced by days going to a river for bringing home the bacon.

Oink if you support water hogs!

WHEN WATER WORLDS COLLIDE

The Wall Street Journal has reported on an alleged fight in Nevada over ground water between a city which is seeking to construct a 20 mile long pipeline to tap the aquifer and a ranching community which fears that their wells could dry up if the city's plan is approved. The ground water at issue is fed by mountain runoff. The article also recites similar controversies in other locations. (Wall Street Journal, March 8, 2013, p. A3)

Disputes over water rights are not new, nor are they likely to be confined to western states. For example, Lake Michigan is a magnet for many thirsty water systems who salivate over the possibility of tapping into the Lake and abandoning their declining wells or lesser quality surface water supplies. In theory, taking water from the Lake is limited to water systems within the Lake's watershed. However, as an example, diversion has been permitted in Chicago under a 1930s U.S. Supreme Court ruling.

Water wars are unlikely to go away. More likely, they will increase, as cities grow, climate changes, and surface water supplies prove no longer adequate or are all spoken for. On the other hand, who knows for sure how much ground water is available and where?

Two questions come to mind. First, how should source water be allocated to the competing user groups? Who has priority? What standards are applicable?

Second, Who should do the allocating? State governors? State administrative regulatory agencies? State courts?

An issue lurking in the shadows is the interstate nature of water. For example, aquifers contain water that may have come from other states or Canada, from runoff or as original water. Likewise, surface waters may have sources in upstream states.

The commerce clause of the U.S. Constitution--the clause that authorizes Oongress to regulate interstate commerce--was inserted because states had been enacting tariff barriers to imports from other states so as to protect commerce within a particular state. The Commerce Clause is a touchstone for such federal regulations low water toilets, faucets and shower heads, the Safe Drinking Water Act and USEPA.

Looking into the future, do not be surprised if, and when, Congress comes marching into the water wars with primacy federal regulation of allocations of water sources of supply.