Natural resources can be defined as substances that include water, minerals, fertile lands, and forests as well as substances that are freely occurring and are integral for economic growth (Register, 2018) . Since these resources are used in economic activities their exploitation can be limitless if no laws are put in place to guide their use. Such laws may encompass the right to ownership of these integral gifts of nature as well as a legal framework showing how the protection of these resources ought to be done to reduce instances of pollution and degradation.
An integral part of the regulations that are used in ensuring the natural resources are well utilized is the water law which may vary from state to state. However, even though there may be variances in the water laws within states, there are significant aspects that are similar which entail the public regulation of waters, water projects, and the integral interplay of water rights between the private and public sectors (Register, 2018) . In the fact scenario given, there are numerous issues that are presented worth discussion.
Delegate your assignment to our experts and they will do the rest.
Clean water act
Among the most imminent laws governing the use of water is the “Clean Water Act” that primarily focuses on the issue of water pollution. The act aims at restoring and maintaining the physical, biological, and chemical integrity of water resources through the prevention of pollution and creating recognition for responsibilities for the varying stakeholders (Register, 2018) . The ICF which is a corn producer is one of the stakeholders liable within the clean water act. As indicated, the corn producer has in recent years started utilizing pesticides as a measure to counter declining yields. Furthermore, the corn producer has excess surface water pumped back into the river necessitating the need for the producer to observe the clean water act.
Porcine, a pig producer is equally liable to work within the clean water act. Most notably, the pig producer uses water from the Lovely River and its pig feedlot washing into the river. As the act points out, water pollution and contamination may be imminent from the presence of chemicals and minerals through land use such as chemical application as is evident from the ICF and feeding operations within the Porcine. Health implications from water pollution are significant among them gastrointestinal illnesses, reproduction problems, and neurological disorders.
Additionally, there are assumptions that the Van Dorn community's Drinking Plant is experiencing increased water treatment costs that may be attributed to the pesticides used by the ICF while spraying vegetables. As such, the ICF con producer is liable for making efforts aimed at reducing the level of pesticides contaminated water that is finding its way into the Lovely River. Furthermore, good agricultural practices are a viable option for the corn producer to undertake in efforts to mitigate the deposition of chemicals to the Lovely River thus ensuring that other users downstream have access to clean water. Furthermore, should the BA Power Company engage in the production of power from fossil fuel and subsequent use of the Lovely River for cooling purposes, need will arise for the company to mitigate potential water pollution.
In efforts to protect public health, the water quality standards for minerals are a regulatory framework that indicates the level of minerals found in drinking water. Under the safe drinking water act, there arises a need for the control of water pollution to ensure that water consumers are protected from exposure to man-made as well as naturally occurring water contaminants which pose health risks to the population using such water ( Dzurik, Kulkarni, & Boland, 2018) .
Riparian principle
Another notable issue presented within the fact scenario is the riparian doctrine. The principle can be described as a water system law that bestows rights to landowners whose land borders streams, riparian land, or rivers and as such can use the water from these sources ( Dzurik et al., 2018) . It is worth noting that riparian rights cannot be sold nor bought. Owing to the connection between the stream or water source and the bordering land, riparian rights are inseparable from the land making them a permanent benefit. State A in the fact scenario practices regulated riparianism indicating that companies and other entities whose land is bordering water bodies have the right to use the water resource for stock watering, household use, and non-consumptive commercial water uses albeit under a regulated environment. In addition, the entities enjoying the riparian rights have the responsibility of restoring and maintaining the water resources in a bid to build sustainability.
Prior appropriation
As noted earlier, water resources are protected under several regulations. Prior appropriation is a water protection regime that postulates that an entity taking a given water amount form a water resource for “beneficial use” is bestowed with the right for continued use of that water quantity to gain the beneficial use” ( Dzurik et al., 2018) . Usually, the prior appropriation water regime is extensively used in areas that are considerably arid thus making it necessary to use the resource sparingly with the objective of increasing productivity.
It is worth mentioning that the prior appropriation water regime is founded on four main principles namely intent, beneficial use, diversion, and priority. As indicate earlier, the beneficial use principle is such that the individual or entity who makes use of water from a given water resource is granted the right for continued use with subsequent users having to use the remaining water as long as their use does not impinge on the previous users' rights which are viewed as the priority principle of the water regime. Furthermore, the water users cannot change the intention for which water appropriation is made in a way to affect use by other users.
Within the fact scenario, the States B and C are relatively arid consequently adopting the prior appropriation water regime. The firms working within the state are granted the right to use the Lovely River as well as the Devious River which is a tributary of the Lovely River. The Van Dorn Drinking Plant is an integral part of the water that is consumed within the Van Dorn community which has been indicated as a bustling metropolitan center. Additionally, the Java Beer and Nut Company is granted the right to water use under the prior appropriation noting that there is a “beneficial use” which is translated into employment opportunities for the Van Dorn community.
Cold water fishery standards
The cold water fishery standards regulate the aquatic environment in which cold water fish thrive. As such, the average maximum daily temperatures in such waters are not supposed to exceed twenty degrees over a seven-day period in efforts to ensure that the water resource supports cold water aquatic life such as trout all year round ( Abrams & Smith, 2018) . Studies indicate that high temperatures may also inhibit the growth of vital fish food thus making it necessary for the regulation of cold water environments.
The BA Power Plant’s plans to use Lovely River as a source for cooling the power plant that will be producing fossil fuel power though operating within State A, its plans will have negative externalities spreading to State B. As indicated, the creation of a reservoir or pool for collecting water will extend into State B requiring approval from the state. Noting that the pool’s water may not reach the minimum cold water fishery standards that are applicable within State B, need arises for the power plant to initiate measures aimed at regulating water temperatures as a prerequisite for gaining permission from State B.
The various stakeholders involved in the fact scenario are bound by applicable water laws within the state in which they are operating. However, the conduct of these stakeholders within the three states is intertwined noting that the use for the water resources does not only rest solely with one state. Therefore, it is expected that the observation of laws such as the Clean Water Act is observed by all stakeholders to ensure that the entities which will be using the water downstream have a constant supply of clean water that is meeting the appropriate water quality standards for nutrients. Furthermore, noting that the water quality assessment undertaken by State A points out that the water resources do not potentially meet the required standards, a joint effort by the stakeholders upstream will be integral in the promotion of water quality. Ensuring water quality may be achieved by revising the certification rights for the discharge permits noting that the existing dischargers’ permits are shortly expiring.
Continuing with the land purchase options and building the power plant for BAP would not be feasible since BAP may not qualify for all necessary permits from the Water Board. Therefore, it would prove easier for the company to put in place mitigation measures and plans with respect to the conservation of the water resources and meeting other standards that are beyond State A’s requirements such as the cold water fishery standards. Furthermore, since the activities within the Water Board’s jurisdiction are subject to the Sunshine Laws, it would not be feasible to speculate that the land prices will remain the same now that BAP has interests in the said lands.
References
Abrams, R. H., & Smith, L. (2018). Law of Water Resource Utilization .
Dzurik, A. A., Kulkarni, T. S., & Boland, B. K. (2018). Water Resources Planning: Fundamentals for an Integrated Framework . Lanham, MD: Rowman & Littlefield.
Register, O. O. (2018). 2018 CFR e-Book Title 18 Conservation of Power and Water Resources Part 400 to End . IntraWEB, LLC and Claitor's Law Publishing.
