LAND/WATER: Mountains, Rivers, Rights

Taranaki Maunga is now a legal person with environmental protection. Photograph of Mt Taranaki, 2006, by Ppe42-commonswiki, public domain.

Taranaki Maunga, or Mount Taranaki (formerly known as Mt. Egmont when the original name was changed by colonialists), is sacred to the Māori of New Zealand. Now, that landmark, snow-capped volcano second highest in New Zealand at 8,261 feet (2,518 meters), has achieved legal personhood. With the ruling this month, Taranaki Maunga’s empowerment law – Te Kāhui Tupua – will be safeguarded by a four member team appointment by the Conservation Ministry.

Whanganui River achieved legal personhood in 2017. Photograph by James Shook, 2005. Creative Commons 2.5.

Taranaki Maunga joins the Whanganui River, New Zealand body of water recognized as a legal person in 2017. Three years earlier, Te Urewera, a forest on North Island, achieved legal personhood status.

“Presque Isle State Park on Lake Erie.” Photograph by Robert K. Grubbs, edited by Holly Cheng. Public Domain.

While New Zealand might be the first country to recognize special areas of nature as people, it is not alone. Bolivia declared the legal rights of nature in 2010, and in the US, Lake Erie proposed protection and rights.

Image: “Map -1844,” British Library HMNTS 10480.e.21. Public Domain.

This era of climate change, and in some countries the executive orders renaming of mountains and bodies of water, can the sustainability and health of critical natural resources achieve greater protection through establishing rights of nature? For example, should rivers in drought locations receive legal protection? Is there an area of natural resources near you that merits protection for sustainability?

Colorado River declared tier levels for water allotments during drought. The transboundary water source involves US, México, and many sovereign tribal nations like the Navajo. Should the Colorado River be considered for legal personhood? Image: “Horseshoe Bend, Colorado River” by Charles Wang, 2023. Creative Commons 4.0.

Associated Press. “A New Zealand mountain has been granted personhood.” 30 January 2025. CNN. https://www.cnn.com/2025/01/30/travel/mount-taranaki-personhood-new-zealand-intl-hnk

Brooke, K. Lusk. “Database of Water Laws.” Renewing the World: Water. 2024. ISBN: 979898503591951799. See also website for FREE DOWNLOAD of database. https://renewingtheworld.com/files/samples/Renewing-The-World-Water-Database-Laws.pdf

Brooke, K. Lusk. “Voice of the Future 2019: Nature.” https://blogs.umb.edu/buildingtheworld/annual-voices-of-the-future-award/voice-of-the-future-2019-nature/

Estado Plurinacional de Bolivia. “Ley de Derechos de La Madre Tierra.” 2010. https://www.scribd.com/document/44900268/Ley-de-Derechos-de-la-Madre-Tierra-Estado-Plurinacional-de-Bolivia

Lake Erie Bill of Rights. “Drewes Farm Partnership and State of Ohio v City of Toledo.” Case No. 3:19 CV 434. 02/27/20 Page ID #822. https://www.utoledo.edu/law/academics/lil/pdf/2019/Lake-Erie-Bill-of-Rights-GLWC-2019.pdf

Stone, C. Should Trees Have Standing? Law, Morality, and the Environment. 3rd edition 2010. Oxford University Press. ISBN: 978199736072

Te Awa Tupua (Whanganui River Claims Settlement Bill). 20 March 2017. https://www.legislation.govt.nz/act/public/2017/0007/latest/whole.html

US and México. “Utilization of the Waters of the Colorado River and Tijuana Rivers and of the Rio Grand between the United States of America and México. 3 February 1944. https://www.usbr.gov/lc/region/g1000/lawofrvr.html

US Department of the Interior. “Review of the Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead: Upper and Lower Colorado Basin Regions.” December 2020. https://www.usbr.gov/ColoradoRiverBasin/documents/7.D.Review_FinalReport_12-18-2020.pdf

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WATER/LAND: Indigenous Rights and Vision

Indigenous Peoples Day, courtesy of National Indian Council on Aging – NICOA.org. Included with honor and appreciation.

No new worlds are discovered, just met. Indigenous Peoples Day, established by the UN Declaration on the Rights of Indigenous Peoples, reminds us of those who were here, first. In 2024, the UN focus is on those who live as stewards and protectors of the forest, and therefore, the planet. With traditions that promote an environment in balance, indigenous peoples’ land stretches across 28% of the world’s land often farmed with regenerative agriculture, and containing 11% of global forests. Indigenous peoples have defended and sustain water resouces. As protectors of nature, original nations are leading the way.

The Great Lakes Compact protects the rights of 20% of the world’s freshwater resources. Image: “Great Lakes from Space” by NASA. Included with appreciation.

In the United States, the Yesah Tribunal was the first indigenous Rights of Nature Tribunal: 123 nations have signed the declaration. Current initiatives include the case of Haw River vs. Mountain Valley Pipeline.  In the United States, the Navajo and other Native Peoples are part of the Colorado River Compact. Great Lakes Compact raised the rights to water and sustainability, as well as land and pipeline permits. The American National Trails System memorializes and recognizes paths forged by fleeing injustice, including the Cherokee. Maori of New Zealand established legal personhood of the Whanganui River. The Guarani River in Brazil and Paraguay gave name and policy to Itaipú.

The 2024 Nobel Prize in Economics honored scholars who explored the effects of colonization. Image: Nobel Medal. Photographer: Jonathunder. Public Domain, and included with appreciation.

Scholars have explored and helped to define rights of indigenous, especially when affected by more recent arrivals. Ingrid Waldron of McMaster University identified the rights First Nations to water, land, and energy. In México and the US, transboundary water issues for rivers and underground aquifers have been elucidated by Gabriel Eckstein of Texas A & M University. October 2024’s Nobel Prize in Economics honors scholars Daron Acemoglu and Simon Johnson of MIT and James Robinson of the University of Chicago who explored effects of societal institutions introduced during colonization. Treaties and agreements between and among those who were here first and those who arrived – like Columbus, Cortes, and others – are of both historical and future relevance. The 1497 Treaty of Tordesillas sought to divide the world via an imaginary line in the Atlantic ocean (in 1529, the Treaty of Zaragoza aimed to do the same with claim on Pacific rights). The founding of Singapore, and the creation of Panama, are more recent proclamations. Together with more recent agreements on the rights of nature by New Zealand, Uruguay, and others may offer insights as we consider mineral rights in the ocean, or geothermal rights on land. Will the vision of Jamie C. Beard lead to a new view of access and rights to continuous, carbon-free, and universal energy?

Today, in the United States, what was formerly known as (and still sometimes called) “Columbus Day” was officially named as Indigenous Peoples Day in 2021. Canada introduced Native Land Digital, along with a searchable map of land, languages, and treaties. If you reside in the Americas, find out whose original land you live on and honor those who were here, there, and everywhere, first.

Beard, Jamie C. Project: Inner Space. https://projectinnerspace.org/about/

Brooke, K. Lusk. “Water Laws Database.” Renewing the World: WATER. 2022. ISBN: 979-8-9850359-1-9-51799.  FREE DOWNLOAD. https://renewingtheworld.com/files/samples/Renewing-The-World-Water-Database-Laws.pdf

Cherokee Nation. https://www.cherokee.org/about-the-nation/citizen-action/

Davidson, Frank P. and K. Lusk Brooke. “The National Trails System,” Building the World, Volume Two, pages 641-668. ISBN: 9780313333743.

Eckstein, Gabriel, et al.,  “Conferring Legal Personality on the World’s Rivers: A Brief Intellectual Assessment.” August 2019. Water International and Texas A&M University School of Law Legal Studies Research Paper No. 19-30. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3431344

Indigenous Environmental Network. “The Yesah Tribunal: Mountain Valley Pipeline and the Rights of Rivers.” June 2024. https://www.ienearth.org/yesah-tribunal-the-rights-of-river-and-the-mountain-valley-pipeline/

Kaur, Harmeet. “The Cherokee Nation is again calling on Congress to deliver on a 200-year-old-promise.” 27 September 2022. CNN. https://www.cnn.com/2022/09/27/us/cherokee-nation-push-for-congress-delegate-cec/index.html

Native-Land.ca. “Our home on native land.” https://native-land.ca/

New Zealand, Government of and Maori Nation. “Te Awa Tupua (Whanganui River Claims Settlement Bill). 20 March 2017. https://www.legislation.govt.nz/act/public/2017/0007/latest-whole.html

Pietrowski, Robert, Jr. “Hard Minerals on the Deep Ocean Floor: Implications for American Law and Policy,” 19 William & Mary Law Review. 43 (1977). http://scholarship.law.wm.edu/smlr/vol19/iss1/5

Treisman, Rachel. “Which Indigenous Lands are you on? This map will show you.” 10 October 2022. NPR. https://www.npr.org/2022/10/10/1127837659/native-land-map-ancestral-tribal-lands-worldwide

United Nations. “International Day of the World’s Indigenous Peoples.” https://www.un.org/en/observances/indigenous-day

United Nations. “Indigenous Languages Decade (2022-2032).” UNESCO. https://www.unesco.org/en/decades/indigenous-languages

United States of America. “A Proclamation on Indigenous Peoples’ Day, 2021.” 8 October 2021. https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/08/a-proclamation-indigenous-peoples-day-2021/

Waldron, Ingrid R. G., There’s Something in the Water: Environmental Racism in Indigenous & Black Communities. Fernwood Publishing: 2018. ISBN: 1773630571

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ENERGY: Maximizing Minerals, Part 2 – Nickel

Nickel is critical to the renewable energy revolution. Image: “Section of pure nickel accretion,” by Images of Elements, 2009. Creative Commons 3.0. Included with appreciation.

It’s driving the electric vehicle and renewable energy revolution, but nickel has vexed miners and chemists since the earliest days. In fact, nickel got its name because of its difficult nature. Nickel – from German “Kupfernickel” or “Old Nick’s Copper.” Miners who discovered nickel thought it was copper but were never able to extract copper from it. They named it after their term for the devil: “Old Nick.” In a side note, nickel’s etymology also gives us a favorite bread: “Pumpernickel,” perhaps because the devil enjoyed this dark loaf.

“Old Nick – the Devil” by Florian Rokita, 1936. From National Gallery of Art, acquisition 1943.8.16361, public domain. Included with appreciation.

.Nickel is valuable for its ferromagnetic properties: it is one of four with such powers. The others are cobalt, gadolinium, and iron. Over 60% of world nickel production makes its way to becoming stainless steel.

 

Nickel is used in making stainless steel. Image: Stainless Steel Seamless Pipe & Tube” by photographer Jatinsanghvi. Creative Commons 3.0. Included with appreciation.

When such steel is  no longer serviceable, it can be scrapped and recycled, turning the nickel back into use for more stainless steel, or – increasingly – batteries including nickel-cadmium or NiCad batteries.

Nickel is used in rechargeable batteries. Image: “NiCad batteries” by photography Boffy. Creative Commons 3.0. Included with appreciation.

Presently, only 4% of the world’s nickel is used in rechargeable batteries, but with electric vehicles that market is growing, accelerating demand. Another developing use for nickel – wind turbine blades, where nickel is used as a superalloy.

Swiss coin made of 100% nickel. “5 scheizer Franken hinten” by photographer Manuel Anastácio, 2000. Public Domain by Article 5 of Swiss Copyright Act. Included with appreciation.

Nickel was at one time so abundant that in 1881, a coin in Swiss currency was made from pure nickel. In the United States, the coin called the “nickel” was introduced in 1857, but it was made with nickel alloyed with copper.

Jefferson Nickel, designed by sculptor Felix Schlag (1892-1974) who was paid $1,000 for the work, was made of only part nickel, alloyed with copper. Image: U.S. Historical Library, 1938. Public Domain: included with appreciation.

Despite its name as an American coin (the origin of the term is actually German), there is not much nickel found in the United States, although there is a mine in Riddle, Oregon that produced 15,000 tons (in 1996). That same year, Russian nickel mines yielded 230,000 tons, followed by Canada (183,000 tons), Australia (113,000 tons), and Indonesia (90,000 tons).Trading as a commodity, nickel’s pricing per ton ranged from 15,614 to 25, 076 in 2024. Metals like nickel are traded on the London Metal Exchange (LME).

Nickel is traded on the London Metal Exchange (LME). Image by photographer Kreepin Deth, 2009. Creative Commons 3.0. Included with appreciation.

Like cobalt, nickel can be found in the deep seabed. In fact, exchange prices – like those on the London Metal Exchange – for nickel and cobalt, are influenced by estimates of deposits located in the seabed. In particular, cobalt and nickel are inter-related, often found together. On land, their mining is known, although not often enough followed by recycling and re-use. Under leagues of water, the process is not tested, and is also contested.

Nickel and cobalt are both targeted for deep seabed mining: contracts are soon to be defined. You can vote your opinion here. Image: “Deep seabed mining schematic” by G. Mannearts. Creative Commons 4.0. Included with appreciation.

Another place nickel may be found is in the sky. Asteroids, especially those categorized as M-type or M-class, contain iron and nickel. But the search will be long: only 8% of asteroids, like Lutetia (see in image below) are M-type.

M-Type asteroids like Lutetia may contain nickel. Image: NASA/JPL-CalTech/JAXA/ESA, 2011. Creative Commons0 1.0, public domain. Included with appreciation.

Cobalt, nickel, and other minerals and metals that are critical for use in renewable energy are recyclable and reusable. Yet, the International Seabed Authority is reviewing contracts for nickel mining. Asteroid mining companies are also in the race. But nickel recycling may be a better bet and more certain investment. Nickel recycling has been expensive and difficult, requiring high heat and releasing toxic fumes. In former times, it may have seemed easier to obtain primary nickel (mined) than to pay for secondary nickel (recycled). Tax credits and rebates could help.

Nickel is 100% recyclable. Image: “Reduce, Reuse, Recycle.” by photographer Nadine3013. Creative Commons 4.0. Included with appreciation.

But innovation-leading companies including Aqua Metals in Reno, Nevada, USA, and ABTC, as well as the Nevada Center for Applied Research (NCAR) at the University of Nevada, Reno and Greentown Labs, may change the way we use – and reuse – nickel. Presently 68% of all nickel already mined is recycled, but 17% is still dumped in landfills. Will the recent Declaration of Metals Industry Recycling Principles help to make mineral and metal recycling the industry standard?

Pure nickel by photographer Jurii, 2009. Creative Commons 3.0. Included with appreciation.

While fossil fuels are used up when combusted (leaving greenhouse gases), minerals and metals are not depleted because they only conduct and store energy. Minerals and metals can be recycled and reused. Have a nickel in your pocket? Be the change.

Aqua Metals. https://aquametals.com

Brooke, K. Lusk. “Maximizing Minerals, Part 1, Cobalt.” https://blogs.umb.edu/buildingtheworld/2024/04/17/energy-water-maximizing-minerals/

Liberman, Anatoly. “Multifarious Devils: Pumpernickel, Nickel, and Old Nick,” 12 June 2013. Oxford University Press Blog. https://blog.oup.com/2013/06/pumpernickel-etymology-word-origin/

Nevada Center for Applied Research, University of Nevada, Reno. https://unr.edu/ncar

Nickel Institute. “Nickel.” https://nickelinstitute.org

United States Geological Survey (USGS). Mineral Resources Program. https://pubs.usgs.gov/fs/2011/3081/pdf/fs2011-3081.pdf

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

 

 

 

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WATER: Peace and Water

World Water Day 2024: Water and Peace. Image: “Peace Dove and Olive Branch at Flight.” by Nevit. Creative Commons 3.0. Included with appreciation.

WATER: It is our natural shared element. Earth is 70% water. Our bodies are 68% water; plants as much as 90%. Water is one of our most important shared resources. Can what is shared be a passage to peace?

Civilization has advanced by sharing water. Image: “Xvolks Canal des Deux Mers (or Canal du Midi)” by Xvolks, 2005. Creative Commons 3.0. Included with appreciation.

Throughout history, civilization advanced by sharing water. China’s Grand Canal carried water, and food, from the south to the northern capital. Italy’s Aqueducts brought fresh spring water from surrounding hills to the city of Rome. France joined the Atlantic to the Mediterranean via the Canal des Deux Mers. The Colorado River, water source for 40 million people, shares water with the United States, many original American tribal nations, and Mexico, while providing hydroelectric power. The Tennessee Valley Authority harnessed water to provide electricity with its guiding motto: “Power for All.” Snowy Mountains Hydroelectric is now building Snowy 2.0 that will re-use and recirculate water for pumped hydro energy. The Suez Canal has, in its founding firman, assurance that the waterway must be open to all nations in times of war and peace.

March 22, 2024 World Water Day: Water and Peace. Image: “Peace” by photographer Lindsay Ensing, 2011. Creative Commons 2.0. Included with appreciation.

This year, the United Nations, convener of World Water Day adopted in 1992, offers the theme of Water and Peace. How fortunate we are that water is a renewable resource, if its wise use is designed to follow its natural system dynamics. In our time of climate change, when drought may cause water scarcity, respecting and honoring ways to sustain, renew, and share water may inspire peace. How will you honor water and peace?

How will you help the world honor water and peace? Image: “The World of Water” by photographer Snap. Creative Commons 2.0. Included with appreciation,

Brooke, K. Lusk. Renewing the World: Casebook for LEADERSHIP in WATER. 2024. Amazon and  https://renewingtheworld.com

Snowy Hydro 2.0. https://www.snowyhydro.com.au/snowy-20/

United Nations. “Water and Peace.” https://www.unwater.org/water-facts/water-and-peace

United Nations. “Water for cooperation: transboundary and international water cooperation, cross-sectoral cooperation, including scientific cooperation, and water across the 2030 Agenda for Sustainable Development” 22-24 March 2024. hrrps://documents.un.org/doc/undoc/gen/n23/029/39/pdf/n2302939.pdf?token=W6ZMHooSJ2lgATSDBA&fe=true

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

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WATER: Rivers and Rights

Colorado River, Horseshoe Bend in Arizona,” by photographer Charles Wang, 2023. Creative Commons 4.0. Included with appreciation.

Colorado River Basin states are working together to agree upon water use and rights. Source of drinking water for 40 million people (7 U.S. states, Mexico, and 30 Tribes of original Americans), the Colorado River has recently seen lower levels of water. Drought has plagued the area, with prospects for recharge by melting seasonal snowpack now questioned by warming related to climate change.

Upper and Lower Colorado River Basin states supplied by Colorado River. Mexico, and 30 Tribes are also participants in the Compact. Courtesy of U.S. Bureau of Reclamation, 2012. Public Domain: CC0. Included with appreciation.

In 2026, present agreements on water allocation among stakeholders will expire. Rather than wait for political change, Colorado River Compact states are drafting their own new regulations. Working with the Bureau of Reclamation, agency in charge of administering the Compact, states will submit their draft plan by March 2024.

Lawns may soon get a “thumbs down” as watering non-functional turf laws take effect to conserve water. Image: “Lawn Doctor” by Lawn Doctor, Inc. CC4.0. Included with appreciation.

Water use restrictions are expected. Water recycling will be important: many communities are developing systems for reuse. Southern Nevada Water Authority announced that water may not be used on “non-functional turf’ – that means lawns. It was the first permanent regulation on lawns and grass: the new law will take effect in January 2027.

Whanganui River of New Zealand was granted legal personhood rights. Will other rivers follow suit? Image: “Whanganui River” by photographer Felix Engelhardt, 2009. Creative Commons 2.0. Included with appreciation.

Another option? Legal personhood for important bodies of water. In New Zealand, the Whanganui River was granted legal personhood. In India, the Ganges, of sacred importance, and the Yamuna, River of the Taj Mahal, applied for legal personhood status. In the United States, the City of Toledo, Ohio sought legal rights status for Toledo’s Lake Erie harbor. Could the Colorado River seek such rights, protecting and securing its ability to recharge and renew?

Water laws have progressed through three stages. Image: 123 numbers gif. Public Domain, CC0. Included with appreciation.

In the past century, water laws have progressed through three stages. Early laws established rights to use water. Next, with environmental awareness, laws addressed rights of water itself to health, renewal, and sustainability. Now, with climate change, laws have begun to concern access in times of drought and water scarcity.

How will climate change affect water agreements, regulations, and treaties? Image: “Judge’s Gavel” by photographer Chris Potter, 2012. Creative Commons 2.0. Included with appreciation.

Interested in the evolution of water laws? Explore this database of global water laws.

Eckstein, Gabriel, et al., “Conferring legal personality on the world’s rivers: A brief intellectual assessment.” 2019, Water International, 44: 6-7, 804-829. DOI: 10.1080/02508060.2019.1631558

Eckstein, Gabriel. “Buried Treasure or Buried Hope?” The Status of Mexico-US Transboundary Aquifers under International Law.” International Community Law Review 13 (2011): 273-290. https://scholarship.law.tamu.edu/facscholar/129/

Estado Plurinacional de Bolivia. “Ley de Derechos de La Madre Tierra.” https://www.scribd.com/document/44900268/Ley-de-Derechos-de-la-Madre-Tierra-Estado-Plurinacional-de-Bolivia

Flavelle, Christoper. “Colorado River States are Racing to Agree on Cuts Before Inauguration Day.” 6 January 2024. The New York Times. https://www.nytimes.com/2024/01/06/climate/colorado-river-negotiations.html

Permanent Forum of Binational Waters/Foro Permanente de Aguas Binacionales. https://www.binationalwaters.org

Ramirez, Rachel, with Drew Kann. “First-ever water cuts declared for Colorado River in historic drought.” 16 August 2021. CNN.com. https://www.cnn.com/2021/08/16/us/lake-mead-colorado-river-water-shortage/index.html

Sankarasubramanian, A., Upmanu Lall, Naresh Devineni, and Susan Espinueva. “The role of monthly updated climate forecasts in improving intraseasonal water allocation.” Journal of Applied Meteorology and Climatology, Volume 48, Issue 7, 1464-1482, 2009. https://journals.ametsoc.org/view/journals/apme/48/7/2009jamc2122.1.xml

Stone, Christoper D. “Should Trees Have Standing? – Toward Legal Rights for Natural Objects.” Southern California Law Review, 45 (1972): 450-501. https://iseethics.files.wordpress.com/2013/02/stone-christopher-d-should-trees-have-standing.pdf

Water Laws Global Database. Renewing the World. https://renewingtheworld.com/files/samples/Renewing-The-World-Water-Database-Laws.pdf

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WATER: Saltwater Intrusion – Rolling into the River

Saltwater is rolling in on the Mississippi River. Image: “The waves on the water” by graphic artist Elapros, 2011. Creative commons 4.0. Included with appreciation.

Tina Turner famously sang about Proud Mary Rollin’ on the River. But now the mighty Mississippi River is not rolling with cruise boats. A Viking line riverboat recently set sail but was stuck for an entire day on a sandbar. The Mississippi river is suffering from drought, reducing the river’s freshwater flow and allowing salty water from the Gulf of Mexico to enter the river. Affected are plants, wildlife, and people – including those in the city of New Orleans, Louisiana.

“Skyline of New Orleans, Louisiana, USA” by Michael Maples, U.S. Army Corps of Engineers, 1999. Public Domain. Included with appreciation.

With the drought depleting the Mississippi’s freshwater resources, a saltwater wedge is forming that may reach the urban area by the end of October 2023. Why a wedge? The shape is formed by differences in saltwater (more dense) and freshwater: when the two kinds of water come together, they form a wedge.

 

Salter intrusion can affect the environment. Another concern is the water infrastructure. Image: “Saltwater intrusion” graphic by Sweetian, 2011. Creative commons 3.0. Included with appreciation.

As coastal and river communities consume more water, drawing from available aquifers, seawater can encroach. That affects both farming (5% salinity makes water unsuitable for agriculture) and drinking water (2% salinity renders freshwater undrinkable). Rivers are also an important habitat for flora and fauna, estuarial environments, and wildlife: all of these are affected by salinity.

Salt can corrode. When drinking water distribution systems contain lead in the pipes, results can be disastrous. Image: “Rusted water pipe” by photographer Geographer, 2008. Creative commons 3.0. Included with appreciation.

While salty water is dangerous for a number of environmental reasons, another serious concern is its corrosive effect. Some of pipes in New Orleans’ water distribution system may still have lead. This is the case for many American cities whose pipes are older than 1986, when a law was passed that prohibits using lead in water systems. One million people in southeast Louisiana are on watch and in danger. Flint, Michigan suffered a tragedy when lead from its aging system leached into drinking water: by the time pediatrician Dr. Mona Hanna-Attisha noticed lead poisoning among patients, a generation of children were stricken. Medical treatment was $100 million; fixing and replacing the outdated pipes: $1.5 billion. Even where lead is not present, other dangerous heavy metals can be released. Anti-corrosion products are available, and the New Orleans has called a public works meeting to plan a corrosion monitoring program.

One option? Bottled water. Image: “Lots of bottled water” by photographer Nrbelex, 2006. Creative commons 2.0. Included with appreciation.

New Orleans, and the communities in southeast Louisiana, can take action now, before it is too late. But what are the options? Like the people in Flint, families can purchase bottled water. A suburb of Nola, Metaire (whose interchange of I-10/I-610 is subject to flooding) reported sales of 2,000 bottles of water daily. In New Orleans, large institutions needing water, like hospitals, were stockpiling in advance. Maybe it could be a short-term option, but it’s an environmental and health risk – over one million plastic bottles of water are sold globally – every minute! Studies reveal water from plastic bottles leaches microplastics into the human system. And then there’s the reality that very few plastic water bottles are recycled, with most ending up in landfills, river, and oceans.  Bottled water is not a long-term answer.

The U.S. Army Corps of Engineers built a sill and can improve that structure. Image: “Sill” by graphic artist Meninanatureza, 2021. Creative commons 4.0. Included with appreciation.

What about macro solution? In July 2023, the U.S. Army Corps of Engineers placed a “sill”  in the Mississippi River as a kind of barrier to influx of salt water from the Gulf. Now, plans are in process to raise the sill barrier by 25 feet (7.62 meters). But even at the new height, the project will only delay the inevitable by 10 or so days. Another large-scale option is building a pipe to bring fresh water from upstream. It’s like what China did with the Grand Canal – bringing water from the south to the north – but in reverse. Possible, but expensive, and not a guarantee that enough fresh water will be available in the upper river if drought conditions persist.

The MIT desalination device is the size of a suitcase. Image: “Belber Vintage Striped Suitcase,” by photographer Sandrine Z, 2014. Creative Commons 4.0. Included with appreciation.

One further option, especially if saltwater continues to flow from the Gulf of Mexico, is new desalination technology developing at MIT. The Device Research Laboratory’s Lenan Zhang and Yang Zhong, along with Evelyn Wang and team, working with Shanghai Jiao Tong University and the National Science Foundation of China, announced development of a system the size of a suitcase that can filter high-salinity water, delivering 1.32 gallons (5 liters) of drinking and cooking water per hour. It can be installed at households, and is free from electricity, running on solar power. The system is new design that solves the formerly-intractable problem of salt buildup that clogs many desalination devices. Overall, the cost of delivering drinking water is cheaper than tap water. In a feat of biomimicry, the device by thermohaline processes – (temperature “thermo” + salinity “haline”) – just like the waves of the ocean. (Chu 2023).

Mangrove leaves can excrete salt. Image: “Avicenna germinans  –  salt excretion” by photographer Ulf Mehlig. Creative commons 2.5. Included with appreciation.

Or where suitable, there is the mangrove. This coastal plant can thrive in salty environments and may even act as a filter; some mangrove leaves are able to excrete salt. Mangrove trees can help to regulate salinity: they thrive in the intertidal zones where salt and fresh water mix. Avicenna officinalis (see above) is one of the salt-secretors; this mangrove tree has evolved salt glands in the tissues that release salt.

There are more than 500 port cities endangered by saltwater intrusions; it is a challenge offering scalable innovation. Image: “Earth-Globespin” by NASA, 2015 Public Domain. Included with appreciation.

Will New Orleans serve as a case example? Other salt water wedges can be found in the estuaries of the rivers including the Columbia River of Oregon and Washington states, or the Hudson in New York. And, saltwater intrusions are not restricted to the United States. The Po River in Italy suffered damage in the Po Plain where salt water from the Adriatic entered the freshwater river: drainage from agricultural land worsened the salinization process.  In Bangladesh, southwestern coastal regions are also threatened by saltwater intrusions causing soil damage and compromising drinking water: cyclones and storm surges exacerbate the threat. Seawater intrusion is now a major problem worldwide: it even has its own acronym (SWI). Alarmingly, 32% of world coastal cities are threatened by saltwater intrusion: 500 cities are in urgent danger.

“Tina Turner,” by photographer Les Zg, 1990. Creative Commons 4.0. Included with appreciation.

As you consider the Mississippi’s present problems and possible solutions, you might like to reflect upon some of the many songs written about the legendary river. For a sample, including songs about the original and first nation people who live there, explore Mississippi River music, click here. Or, listen to Russell Batiste, Jr., to Johnny Cash’s “Big River,” and Ike and Tina Turner’s version of “Proud Mary.”

Antonellini, Marco, et al., “Salt water intrusion in the coastal aquifer of the south Po Plain, Italy. December 2009. Hydrogeology Journal 16(8): 1541-1556. https://www.researchgate.net/publication/226067653_Salt_water_intrusion_in_the_coastal_aquifer_of_the_southern_Po_Plain_Italy

Brewer, Keely “Burgeoning Mississippi riverboat industry grapples with increasing threats.” The Daily Memphian. 10 July 2023. https://www.nola.com/news/environment/flood-drought-threats-for-mississippi-riverboat-industry/article_ab3234a4-1153-11ee-95a8-f7e683994157.html

Brooke, K. Lusk. “Leaking or Lacking?” pages 5 – 14. Renewing the World: Casebook for Leadership in Water. 2023. ISBN: 9798985035933. https://renewingtheworld.com

Chu, Jennifer. “Desalination system could produce freshwater that is cheaper than tap water.” 27 September 2023. MIT News. https://news.mit.edu/2023/desalination-system-could-produce-freshwater-cheaper-0927

Coo, Tianzheng, Dongmei Han, Xianfang Song. “Past, present, and future of global seawater intrusion research: A bibliometric analysis.” 27 August 2021. Journal of Hydrology. Volume 603, Part A, December 2021, 126844. https://www.sciencedirect.com/science/articleabs/pii/S0022169421008945

Fortin, Jacey, and Colbi Edmonds. “Battling a Water Crisis: Bottles, Barges, and Maybe a Quarter Billion-Dollar Pipe.” 29 September 2023. New York Times. https://www.nytimes.com/2023/09/29/us/new-orleans-saltwater-intrusion.html

Klinkenberg, Dean. “Mississippi River Playlist.” Spotify. https://open.spotify.com/playlist/23gl91dNAgksllxBBVSd8s

LaPotin, Alina, et al., “Dual-stage atmospheric water harvesting device for scalable solar-driven water production.” 20 January 2021. Joule. Volume 5, Issue 1, pages 166-182.

New Orleans, City of. “Corrosion Control” Public Works Committee. 27 September 223. VIDEO. https://www.youtube.com/live/DS8X2ijS5LpM?ssi=0P5up0-lemTixu67.

Somssich, Marc. “How a Mangrove Tree Can Help to Improve the Salt Tolerance of Arabidopsis and Rice.” 14 December 2020. Plant Physiology 184(4): 1630-1632. PMID: 33277332. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7723112/

Tulane University, School of Public Health. “5 things to know about the saltwater intrusion of the Mississippi River.”  28 September 2023. https://sph.tulane.edu/5-things-know-about-saltwater-intrusion-mississippi-river

United States, National Park Service. “Songs of the Mississippi River.” https://www.nps.gov/miss/learn/education/songs-of-the-mississippi-river.htm

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Appreciation to Jason W. Lusk for sharing research.

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WATER: Is the Drought OVER?

Droughts and floods will continue. Now we can predict them with GRACE. Image: “GRACE globe animation” by NASA. Public Domain, included with appreciation.

Atmospheric rivers: 11. Snow: 55 feet (16.76 meters). Rainfall: thus far in 2023, more than all of 2022. Conservation mandates and restrictions: eased. Outdoor watering: again permitted. Reservoirs: many refilled. Is California’s drought officially over? Conditions are better, but concerns remain. The issues are not restricted to California, but the state serves as a case example.

While 2023 brought relief and refilled many California reservoirs, drought is cyclical. Image: “Drought area in California” graphic by Phoenix7777, based on U.S. Drought Monitor Data. Creative Commons 4.0. Include with appreciation.

GROUNDWATER – On the surface, things certainly look better. But California’s underground aquifers are still in trouble, some at lowest levels ever recorded. After previous droughts (2007-2009, 2012-2016), California’s groundwater in the agriculturally important Central Valley recovered only 34% (2007-2009 drought) to as little as 19% (2012-2016). During drought periods, groundwater supplied 60% of California’s water, so maintaining underground aquifers is critical.

How is groundwater formed, replenished, and sustained? Image: “Groundwater.” Graphic by Dr. Andrew Fisher, California Agricultural Water Stewardship Institute, 2018. Creative Commons 4.0. Included with appreciation.

In irrigated agricultural regions with limited surface water supply, drought can have severe effects on groundwater. Recent innovations for storing floodwater underground in “water-capturing basins” hold promise. What kinds of future innovations will collect rain and flood water for future use? The Sustainable Groundwater Management Act (SGMA), passed in 2014, requires local agencies to form and fund groundwater sustainability agencies for high priority areas to control overuse of water by 2034. The United Nations raised awareness of the importance of groundwater by dedicating World Water Day 2022 to that resource with the motto: “Making the Invisible Visible.”

California obtains a portion of its water from the Colorado River. Image: “Colorado River at Horseshoe Bend” by Charles Wang, 2023. Creative Commons 4.0. Included with appreciation.

COLORADO RIVER – Surface water and underground aquifers are not the only sources. Water supplies from the Colorado River flow, at some distance, to cities and towns in Southern California. That river is still suffering through a two decade long drought that depleted reservoirs like Lake Powell and Lake Mead. Seven states, as well as many indigenous sovereign nations and also Mexico, share in the water according to rules set in the Colorado River Compact 0f 1922. If the seven states cannot come to agreement on water usage cutbacks, the federal government will step in. In April 2023, the U.S. Department of Interior’s Bureau of Reclamation introduced options. 

Floods devastated Sindh Provice, Pakistan in 2022. Image: “Pakistan floods August 27 2021 versus August 27 2022.” By NASA. https://worldview.earthdata.nasa.gov/. Image in public domain. Included with appreciation.

FUTURE  OF WATER– Satellite data confirm what we know all too well when 12 inches of rain in one day sweep through Ft. Lauderdale, Florida closing schools and highways, or floods drench Sindh Province, Pakistan,dislocating millions of people. We know and feel it when drought plagues land, dries up agricultural fields, drains reservoirs, and threatens hydroelectric facilities like those on the Po River of Italy, or  Snowy Mountains Hydroelectric of Australia or Hoover Dam of the Colorado River in the United States.

Hydroelectricity depends upon abundant water. Drought has threatened energy production on the Colorado River’s Hoover Dam. Image: “Hoover Dam” by photographer Ansel Adams, 1941. Public Domain, National Archives and Records Administration image #519837. Included with appreciation.

Hydroelectric power plants on rivers throughout the world are subject to changing water levels. If a river suffers drought, some hydroelectric facilities must be switched off. A recent study sounded the alarm. By 2050, 61% of all hydropower dams will be at high risk.

It takes two – GRACE and GRACE-FO. Image: “Gravity anomalies on Earth” by NASA, 2012. Public Domain. Included with appreciation.

Climate change will make rains more intense and droughts more frequent. The Gravity Recovery and Climate Experiment satellite duo, known as GRACE and GRACE-FO will reveal a big picture in a long view. Dr. Matthew Rodell, Deputy Director for Hydrosphere, Biosphere, and Geophysics, Earth Sciences Division, NASA, and Dr. Bailing Li, of Goddard’s Hydrological Sciences Laboratory, led a team that studied over 1,000 weather events during the period 2002-2021. Rainfall extremes were noted in sub-Saharan Africa, North America, and Australia. Intense droughts were seen in South America, the United States, and elsewhere. Droughts outnumbered rain events by 10%.  It’s costly: 20% of the USA’s annual economic loses were due to floods and droughts. Is there a solution? Using floodwater to recharge aquifers and irrigate agricultural land will be an area of innovation.

Water Futures Index – is water a trading commodity or a human right? Image: “Nasdaq” by xurde, 2007. Creative commons 2.0. Included with appreciation.

WATER FUTURES –  Another development? Water Futures trading contracts such as the Veles California Water Index (NQH20) that launched on NASDAQ in 2018. Prices have fluctuated from below $300 per AF (acre-foot which equals 325,851 gallons or 1,233,480 liters) to 18 August 2022’s price of $1,134. At today’s post date, the price is $855. Is water a commodity or a right? Some say that commodity trading makes it possible for those who use quantities of water to plan, and plant, with more certainty.

Water: human right and right of nature. Image: “Whanganui River between Pipiriki and Jerusalem” by photographer Prankster, 2012. Dedicated by the photographer to the public domain. CC 1.0. Included with appreciation.

WATER RIGHTS – But others might question water trading. On 28 July 2010, the United Nations General Assembly passed Resolution 64/292 that recognizes water and sanitation as a human right. In 2022, the Committee on Economic, Social and Cultural Rights adopted General Comment No. 15, with Article 1.1 stating “The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights.” Some would say that the right to sustainable, healthy water goes beyond human rights. New Zealand’s Whanganui River recently received personhood legal status, granting the river its own rights.

We are the water planet. How do we protect and sustain water rights? Image: “Frozen water droplet” by photographer Aaron Burden, 2017. Dedicated by the photographer to the public domain. Included with appreciation.

California Department of Water Resources. “Sustainable Groundwater Management Act (SGMA). Includes VIDEO.https://water.ca.gov/programs/groundwater-management/sgma-groundwater-management

Charles, Dan. “Water is scarce in California. But farmers have found ways to store it underground.” 5 October 2021. All Things Considered, NPR. Includes AUDIO. https://www.npr.org/2021/10/05/1037370430/water-is-scarce-in-california-but-farmers-have-found-ways-to-store-it-undergroun

Insights Editorial Team. “What Investors Should Know About Trading Water in the Futures Market.” 12 January 2021. Boston University. https://insights.bu.edu/what-investors-should-know-about-trading-water-in-the-futures-market

NASDAQ. “Nasdaq Veles California Water Index Fture (H20). https://www.nasdaq.com/market-activity/futures/h20

New Zealand. “Te Awa Tupua – Whanganui River Claims Settlement Act of 2017.” https://www.legislation.govt.nz/act/public/2017/0007/latest/whole.html

O’Malley, Isabella. “Scientists confirm global floods and droughts worsened by climate change.” 13 March 2023. PBS. https://www.pbs.org/newshour/science/scientists-confirm-global-floods-and-droughts-worsened-by-climate-change

Rodell, Matthew. and Bailing. Li. “Changing intensity of hydroclimatic extreme events revealed by GRACE and GRACE-FO.” Nature Water. 1 (3): 10.1038/s44221-023-00040-5 and https://www.nature.com/articles/s44221-023-00040-5

Rohde, Melissa M. “Floods and droughts are intensifying globally.” 13 March 2023. Nature Water 1, 226-227 (2023). https://www.nature.com/articles/s44221-023-00047-y

Sommer, Lauren. “3 reasons why California’s drought isn’t really over, despite all the rain.” 23 March 2023. Morning Edition, NPR. Includes AUDIO. https://www.npr.org/2023/03/23/1165378214/3-readons-why-californias-drought-isnt-really-over-despite-all-the-rain

United Nations. “Human Right to Water and Sanitation.” https://www.un.org/waterforlifedecade/human_right_to_water.shtml

Wada, Yoshihide., et al., “Global depletion of groundwater resources.” Geophysical Research Letters 37,1.  https://agupubx.onlinelibrary.wiley.com/doi/10.1029/2010GL044571 and https://doi.org/10.1029/2010GL044571

Weir, Bill. “Thousands of acres are underwater in California, and the flood could triple in size this summer.” 15 April 2023. CNN. https://www.cnn.com/2023/04/15/us/tulare-lake-california-flood-climate/index.html

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WATER: Be The Change – World Water Day 2023

World Water Day 2023 – Be The Change. Image: “Water drop” by José Manual Suárez, 2008. Creative Commons 2.0. Included with appreciation.

BE THE CHANGE

Today is World Water Day 2023. This year’s theme is “Be The Change You Want To See In The World.” Here’s a list of personal commitments to solve the water and sanitation crisis. Consider actions you will take, along with your best ideas to sustain world water, and send your commitments to the Water Action Agenda at the UN 2023 Water Conference. Your voice will be heard and your ideas included in the United Nations plan for the future of world water.

Yes, I want to be the change. Image: “Yes” wikimedia, creative commons public domain. Included with appreciation.

Choose the actions you will take, then send your commitments and ideas NOW.

UN-Water. “Be The Change.” https://www.unwater.org/bethechange/

UN 2023 Water Conference. https://sdgs.un.org/conferences/water2023

Water Action Agenda. UN Sustainable Development Goals. https://sdgs.un.org/partnerships/action-networks/water

Want to find out more ways to sustain and renew world water? Please visit https://renewingtheworld.com

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CITIES: Cheesy fries – fuel of the future?

One of the joys of city living is availability and variety of take-out food. From cheesy fries to pizza by the slice, urban snacks are legendary. But most of these treats come in plastic containers that eventually end up in landfills.

“Chili cheese fries served in a foam containers with a plastic fork.” Photograph by Charles Severance. Creative Commons 2.0. Included with appreciation.
“Landfill” by Michelle Arseneault. Creative commons 3.0. Included with appreciation.

Cities are filled with discarded plastic, from single-use containers to bottled water. Every year, 400,000,000 tons of plastic are produced; that’s equivalent the weight of all the people on the planet.

Every year, the amount of new plastic produced is equivalent to the weight of all the people on the planet. Photo: “London’s Liverpool Street Station” by photographer Roger Carvell, 2012. Creative Commons 3.0 Included with appreciation.

Only 15% of plastic is recycled; most sits in urban landfills. One of the world’s largest landfills is the Apex Regional in Las Vegas, Nevada, not far from the Colorado River and Hoover Dam, stretching over 2,000 acres. Apex is filled with take-out food containers and many other kinds of plastic.

Apex Landfill near Las Vegas, Nevada, is one of the world’s largest. Image: “Las Vegas Skyline at night North,” by Curimedia. Creative Commons 2.0 Included with appreciation.

Time (and money) at slot machines may go fast, but landfill plastics have a long life. Plastic is designed to be durable. It degrades very slowly; it can take over 1,000 years. Even if we pull plastics out of landfills, not all are recyclable. Plastics containing even a bit of food (take-out fries, plastic forks) are not recyclable. And most people who toss food containers into trash, or even into recycling bins, do not, or cannot, wash them first.

What if landfill plastic, especially food containers, were actually buried treasure?ReisnerLab at Cambridge University may have found a way to turn discarded plastic into fuel; the process is powered by sunlight, and produces syngas. Much syngas currently produced requires non-renewable energy, but the ReisnerLab process uses solar. Another benefit? Cambridge University’s nascent system can handle recycled plastic with food waste stuck to the containers. It’s a problem for most recycling, but the Cambridge system uses the leftover food as a substrate, making the process work even better. ReisnerLab’s innovation is at an early stage, and shows promise. Some investors tracking developing innovation may take note.

Syngas can use the same infrastructure but is cleaner than traditional fossil fuels. Image: “Pumping Gas” by photographer Airman 1st Class Lee. Photographed at Vandenberg Airforce Military Base, 2009. Public Domain. Included with appreciation.

Benefit of syngas – it can be pumped. Professor Erwin Reisner observes that “effectively plastic is another form of fossil fuel, rich in energy.” Unlocking that energy to use as fuel could replace traditional fossil fuels and yet not pose the extent of pollution and emission problems caused by coal, oil, and gas. Being able to use the same distribution and delivery infrastructure, plastic-produced syngas could be helpful in fueling the future. One of the difficulties that slows down energy transition is switching to new delivery and distribution systems from existing infrastructure. Re-using gas pipelines, delivery trucks, pumps, and hoses for syngas is a great advantage. And getting rid of food-coated un-recyclable plastic clogging city landfills? A bet as good as Las Vegas.

Biofuel. “What is Syngas?” https://biofuel.org,uk/index.php?p=what-is-syngas

Bhattacharjee, Subhajit, Motiar Rahaman, Erwin Reisner. “Photoelectrochemical CO2-to-fuel-conversion with simultaneous plastic reforming.” 9 January 2023. Nature Synthesis 2, 182-192, 2023. https://www.nature.com/articles/s44160-022-00196-0

Reisner Lab. http:/www-reisner.ch.cam.ac.uk/research.html

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WATER: Colorado River and the Future

And it’s only gotten worse since: 2023 is a critical year to determine the future of the Colorado River. Image: “Drought: before and after.” Photo, United States National Park Service. Wikimedia creative commons public domain. Included with appreciation.

Sharing water is one of the oldest bonds of community. Ancient villages centered around the well; urban settlements like Rome were built near rivers; great cities and civilizations began as ports.

“Rome: A view of the river Tiber looking south with the Castel Sant’Angelo and Saint Peter’s Basilica beyond” by Rudolf Wiegmann, 1834. Wikimedia, public domain. Included with appreciation.

But when neighboring communities are seven large states, the water is the Colorado River, and drought conditions are straining resources: sharing is proving difficult. Camille Touton, Commissioner of the US Bureau of Reclamation, official manager of the river, recently ordered Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming to cut 1/3rd of their water usage. Encouraging states to figure it out amicably, Touton warned that if no solution were soon agreed, the federal government would settle the score. The matter is urgent: the Colorado River provides water for drinking and irrigation for 40 million people. Moreover, if Colorado River reservoirs Lake Mead and Lake Powell reach ‘dead pool’ the Hoover Dam will not supply electricity.

Colorado River: Upper and Lower Basin States. Image from USGS data by Shannon1. Creative Commons 4.0. Included with appreciation.

The Law of the River, a 100-year compendium of laws regulating the Colorado River from inception of the Compact in 1922 to 2022 (and now continuing), is both history and future. As farmers claimed more water to grow food to feed a nation, and as cities like Los Angeles and Las Vegas burgeoned in population, dueling needs competed for resources. Add drought and the arguments became more heated.

Las Vegas gets drinking water and electricity from the Colorado River. Image: “Las Vegas by Night, 2019” by Notdjey. Creative commons 2.0. Included with appreciation.

The Colorado River will affect water policy in the United States, Compact partners of Mexico and the original American Sovereign Nations, but around the world. One third of all the rivers and lakes globally are facing drought. Rivers like the Amazon, Indus, Nile, Po, Rhine, and Yangtze, among others, will debate similar decisions.

“Confluence of Indus and Zanskar Rivers” by Bernard Gagnon, 2018. Creative commons 4.0. Included with appreciation.

Rivers support agriculture, drinking water, fish and marine life, barge traffic, and hydroelectricity. How should stakeholders work together to decide who gets water and why?

Interested in how Colorado River decisions will affect other rivers worldwide? Click here.

Henley, Jon. “Europe’s rivers run dry as scientists warn drought could be worst in 500 years.” 13 August 2022. The Guardian. https://www.theguardian.com/environment/2022/aug/13/europes-rivers-run-dry-as-scientists-warn-drought-could-be-worst-in-500-years

Nilsen, Ella. “California floating cutting major Southwest cities off Colorado River water before touching its agriculture supply, sources say.” 1 February 2023, CNN. https://www.cnn.com/2023/01/31/us/california-water-proposal-colorado-river-climate

United States Bureau of Reclamation. “Colorado River Basin.” https://www.usbr.gov/ColoradoRiverBasin

United States Bureau of Reclamation. “The Law of the River.” https://www.usbr.gov/lc/regiona/g1000/lawofrvr.html

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