Water Water Everywhere But... Is There Really Enough? Map Provided by: Alabama Water Watch Auburn University

Transcription

1 Water Water Everywhere But... Is There Really Enough? Map Provided by: Alabama Water Watch Auburn University

2 Alabama Freshwater Facts Alabama s major rivers are the Tombigbee, the Black Warrior, the Cahaba, the Pea, the Conecuh, the Tallapoosa, the Alabama, and the Tennessee. One-sixth of the surface of Alabama is comprised of lakes, reservoirs, ponds, wetlands, estuaries, and flowing rivers and streams. According to Geological Survey of Alabama, almost twenty percent of all surface water in the United States flows through Alabama. Approximately, 33.4 trillion gallons of water flow into and out of Alabama s streams and rivers annually. Alabama s estimated ground water reserves of 533 trillion gallons of ground water would be enough to last for over three thousand years at current rates of consumption. Map Provided by: Alabama Water Watch Auburn University Statistics provided by: Heather Elliott, Alabama s Water Crisis, 63 AL L. Rev. 384, 387 (2012).

3 Is It Enough? Water use in Alabama is around 9,958 million gallons per day. Withdrawals from surface water making up 95% of total withdrawals. Withdrawals from ground water making up the remaining 5%. Chart Provided By: wateruse.html

4 Withdrawals Charts Provided By:

5 Home Water Use A person, in general, uses about gallons of water per day in their home. A family of four can use up to 400 gallons per day. Information provided by Penn State Extension, Water System Planning Estimating Water Needs, available at (March 3, 2015). Appliance Clothes washer (top loading) Clothes washer (front-loading) Dishwasher (standard) Dishwasher (efficient) Garbage disposal Kitchen sink Bathroom sink Shower or tub Toilet (low-flush) Toilet (standard) Outside hose (½-inch) Water softener regeneration Water Use 43 to 51 gallons per load 27 gallons per load 7 to 14 gallons per load 4.5 gallons per load 4 gallons per day 3 gallons per minute of use 2 gallons per minute of use 5 gallons per minute of use 1.6 gallons per flush 5 gallons per flush 5 gallons per minute of use 50 to 100 gallons per cycle

6 AGRICULTURE Alabama s 2 nd Largest Industry Sector Ag and forestry equals $70.4 billion annual economic impact and creates over 580,295 jobs. Poultry and egg production equals $3.1 billion in commodity sales and $5.2 billion for poultry and egg processing. The breakdown of poultry and egg jobs is the following: 34,000 direct through production activities; 85,000 supported through processing. Alabama poultry averages 3 rd US broiler state, 14 th US egg state, and has a $10 billion economic impact each year. Statistics provided by: Statistics provided by: ama-poultry-industry-provides-boost/

7 Poultry Industry Water Use A typical updated 40 x 500 broiler house in Alabama can consume 450,000 gallons or more of potable water a year for bird consumption and operation of a 6- inch evaporative cooling system. A four-house broiler farm of these houses may million gallons per year. In addition to meeting the total demand, it is critical to meet the peak flow rate needed, which in hot weather might be as much as gallons per minute for four houses. Information provided by: Jess Campbell et. Al, Water System Inspection Pays Off, Alabama Poultry and Egg, Vol. 8 No. 2 (March/April 2013).

8 Cattle Industry Water Use Daily High Temp. (F) Cows Nursing Calves Dry and Bred Cows Growing and Finishing Cattle Bulls 400 lb. 600 lb. 800 lb lb. Gallons/Day Cattle are produced in every county in Alabama, and cattle production represents $2.5 billion industry in Alabama. Beef production ranks second behind broilers in cash receipts among Alabama farm commodities. In 2013, there were million head of cattle and calves on Alabama farms. Statistics provided by 2013 Alabama Beef Cattle Facts, available at f (March 12, 2015) Chart provided by: Shane Gadberry, Water for Beef Cattle, University of Arkansas Division of Agriculture, available at (March 10, 2015).

9 Pulp and Paper Industry Water Use Alabama ranks 2 nd in the United States in pulp production and 3 rd in paper production. Alabama is No. 7 nationally in lumber production and 8 th in wood panel production. Pulp and Paper industry requires 54 cubic meters on average of water per metric ton of finished product. 85% of the water used in the pulp and paper industry is used as processed water, resulting in large quantities of waste water that had to be treated. Statistics courtesy of Alabama Forestry Association and Jeff Gunderson, Water Treatment in the Pulp and Paper Industry, WaterWorld Vol. 12. Issue 3 (June 8, 2012).

10 Alabama Common Law Surface Water Alabama follows traditional common-law rights in surface waters. The evolved common-law riparian doctrine allows a riparian owner to use water from the riparian water body on her land, but she may not engage in uses that unreasonably injury other riparian owners. Groundwater Alabama follows the American reasonable use rule to govern the extraction of groundwater. The primary limitation imposed by the American reasonable use rule is that only overlying owners have rights to use the water and only on the overlying tract. Heather Elliott, Alabama s Water Crisis, 63 AL L. Rev. 384, 387 (2012).

11 Alabama Case Law In Adams v. Lang, artesian well owners brought action against a nearby catfish pond owner to recover for decreased flow of artesian wells when the pond owner pumped groundwater. The Alabama Supreme Court held that the reasonable use rule, rather than the law of nuisance applied to the dispute, and water dumped for catfish farming was for beneficial use for which pond owner was not liable to well owners. See Adams v. Lang, 553 So.2d 89 (Ala. 1989). In Martin v. City of Linden, a landowner brought action against the city to have the city enjoined from taking an estimated rate of 500,000 gallons of water per day from a common aquifer. The Alabama Supreme Court held that the city s proposed use of water was not permissible under the reasonable use rule. See Martin v. City of Linden, 667 So.2d 732 (Ala. 1995).

12 Alabama Statutes Alabama enacted the AWRA in 1993, and the statute created an Office of Water Resources (OWR) within the Alabama Department of Economic and Community Affairs. OWR s role is an advisory one. OWR has no authority to manage water sources. OWR monitors water usage and issues Certificates of Use (COUs) to public water systems, and non-public and irrigation users who have the capacity to withdraw more than 100,000 gallons of water per day. AWRA provides little guidance for the issuance of COUs. By regulation, OWR has said it will issue COUs only when the applicant has shown the Basis of legal right to use the water to be diverted. OWR has found that the use of water is... a lawful, reasonable, and beneficial use of water. Heather Elliott, Alabama s Water Crisis, 63 AL L. Rev. 384, 387 (2012) (citing Ala. Code 9-10B-4 (1975), 9-10B-20(a), 9-10B-20(e), Ala. Admin. Code r (1)(h)(2002), (2)(b)(1)).

13 Issues to Watch Inner Basin Transfers Municipal Water Supply Alabama Water Agencies Working Group Irrigation Seafood AI-Migratory Birds (Google: Bands across North America)

14 Come on Down The Water Is Nice Alabama s Tourism Department Contact: Patrick B. Moody, Legal Counsel Alabama Department of Agriculture & Industries patrick.moody@agi.alabama.gov