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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ENERGY/CITIES: Are You in a Circle of Danger?

If you live within 1/2 mile (0.8 kilometer) of a fossil fuel processing plant, you may be in a circle of danger. Image above shows air pollution as it circles the globe. “Air Pollution Earth” by NASA, 2001. Public Domain.

Air pollution is a serious problem worldwide. Burning of fossil fuels, excess vehicular traffic, and lack of green spaces to absorb emissions, are causing clogged skies and public health dangers. Case in point, this month: India.

“Taj Mahal” from a photograph circa 1900. Image source: U.S. Library of Congress. Creative Commons Public Domain. Included with appreciation.

Those who visited India’s famed Taj Mahal may not have been able to see the iconic monument this month. Air pollution fogged India’s skies. New Delhi, home to 35 million people, closed schools and warned residents to stay indoors if possible. NASA’s satellite images showed dense smoke over the landscape. But more troubling was the cause: particulate matter toxins and pollutants so tiny they can pass into human (and animal) airways to cause illness and chronic conditions.

“Air pollution in India from burning of rice residues in SE Punjab, India, prior to wheat season.” By Neil Palmer, CIAT. Creative commons 2.0. Included with appreciation.

Seasonal – in November, farmers clear straw after the rice harvest: it’s known as “stubble burning.” That practice increases normal pollution levels caused by domestic fires for heating and cooking, as well as smog from industry and vehicles.

Diwali fireworks may add to air pollution. “Diwali fireworks, India” by Urbanurban_ru, 2013. Creative commons 2.0. Included with appreciation.

Fireworks: Added Danger – add to present air problems the joyous feast of Diwali, occasion for sky-illuminating, but also air-polluting, fireworks and air pollution becomes more serious. After Diwali, transport authorities are considering calling for an alternation of traffic days, allowing certain vehicles on the road every odd/even day. In some global locations, during seasonal festivals, many cities opt for aerial drone displays rather than traditional fireworks.

Regional – as New Delhi experiences air quality issues, Lahore, Pakistan, home to 13 million people, has also recommended schools, shopping malls, and some businesses, close temporarily. The air quality index (AQI) reached a hazardous level. Air pollution is a transboundary problem.

“Comparison of footprint and transboundary air pollution.” Nansai, Keisuke, et al., https://www.nature.com/articles/s41467-021-26348-y. Creative commons 4.0. Included with appreciation.

Pollution Effects Worldwide – 1 in 5 deaths worldwide can be traced to illnesses initiated or worsened by air pollution from fossil fuel combustion. Researchers from the University of Birmingham, University of Leicester, University College, London, and Harvard University found that 8 million people died from causes linked to air pollution in 2018; since then, things have gotten worse.

If you live near a fossil fuel processing plant, you may be in the circle of danger. Image: “Jamnagar Refinery at Night” by Reliance industries, 2006, from Forbes India. Creative Commons 4.0. Included with appreciation.

Circle of Danger – the closer you live to a fossil fuel production facility, the more pollutants you may encounter. Toxins entering the air, and your lungs, include benzene, carbon dioxide, ethylbenzene, formaldehyde, methane, toluene, and xylene. The term for some of these substances is Volatile Organic Compound (VOC). In the United States, there are over 1 million active production wells, natural gas compressor stations, and processing plants, with 12 million people living within 1/2 mile (0.8 kilometer) – the circle of danger.

Do you live within a circle of danger? Image: “Red circle” by graphic designer AmericanXplorer13. Creative commons 4.0. Included with appreciation.

Want to find out if your business, home, or school is within the toxic zone? If you live in the United States, you can track your location on the THREAT MAP.

Atwoli, Lukoye, et al., “Call for emergency action to limit global temperature increases, restore biodiversity, and protect health.” September 2021. The Lancet, Volume 398, Issue 10304, p939-941, September 11, 2021. https://www.thelancet.com/journals/lancet/article/PII0140-6736(21)01915-2/flltext#%20

Burrows, Leah. “Deaths from fossil fuel emissions higher than previously thought.” 9 February 2021. Harvard Gazette. https://seas.harvard.edu/news/2021/02/deaths-fossil-fuel-emissions-higher-previously-thought

Clean Air Task Force. “Fossil Fumes.” 15 September 2022. https://www.catf.us/resource/fossil-fumes-public-health-analysis/

Mogul, Rhea. “This megacity is the latest to shut down as pollution chokes swathes of South Asia.” 10 November 2023 CNN. https://www.cnn.com/2023/11/10/asia/pakistan-india-pollution-new-delhi-lahore-intl-hnk?cid=ios_app

Patel, Kasha. “The smog choking this Indian city is visible from space.” 9 November 2023. The Washington Post. https://www.washingtonpost.com/climate-environment/2023/11/09/india-air-quality-smog-new-delhi/

Vohra, Karn et al., “Global mortality from outdoor fine particle pollution generated by fossil fuel combustion: Results from GEOS-Chem.” Environmental Research, Volume 195, April 2021, 110754. https://www.sciencedirect.com/science/article/abs/pii/S0013935121000487

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Welcome, Spring

“Barsana Holi Festival” by photographer Narender9. Image: wikimedia.

Color is associated with spring, perhaps nowhere more brilliantly than in India. In the land of the Taj Mahal, the iconic edifice famously inlaid with jewels like lapis lazuli and rubies, spring’s celebration of Holi invites people to bedeck each other with color and sometimes scented water. Dating to a 4th century poem, and featured in a 7th century play written by emperor Harsha, Holi is celebrated on the last full moon day of the Hindu lunisolar calendar month of Phalguna; in 2019, the holiday is 21-22 March. The holiday has spiritual roots: some relate it to the love of Krishna and Radha; others, to the story of Hiranyakashipu, Prahlada, and Holika, whence the holiday takes its name. Are you feeling spring in the air?  Wear, or exchange, a bit of color to welcome spring. The vernal equinox 2019 occurs in Boston on 20 March at 17:58:00.

Suri, Manveena. “Why India celebrates Holi: The legends behind the festival of color.” 19 March 2019. CNN. https://www.cnn.com/travel/articlel/holi-festival-india/index.html.

India Times. “Consent is important; even on Holi.” https://www.facebook.com/indiatimes/videos/622357941510873?sfns=vmo.

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Preserving World Heritage: Abu Simbel

Abu Simbel, World Heritage Site. Image: wikimedia

Abu Simbel, site of the great temple built by Egyptian pharaoh Ramses II, in 13th century bce, crowned the Nubian valley bordering Egypt and Sudan. Nearby, the Nile River flows through Aswan to Cairo. It was just a few decades ago that engineers and archeologists saved Abu Simbel from a watery grave, somewhere at the bottom of Lake Nasser, reservoir formed by the 1960 construction of the High Dam at Aswan. The United Nations Educational, Scientific, and Cultural Organization (UNESCO) rushed to save Abu Simbel: the temple was taken apart piece by piece, and moved to a site where it was reassembled like a giant Lego construction. February 22 (day Ramses took the throne) and 22 October (Ramses’ birthday) were highlighted by the alignment of the temple so that dawn’s light would illuminate Ramses’ statue, enshrined within. In September 1968, fifty years ago, the project stood completed as one of the premier World Heritage Sites. Success bred success: World Heritage sites followed including Cyrene, Angkor Wat, Lake Baikal, Stonehenge, the Taj Mahal, and the Statue of Liberty.

Kiniry, Laura. “Egypt’s exquisite temples that had to be moved.” 10 April 2018. BBC. http://www.bbc.com/travel/story/20180409-egypts-exquisite-temples-that-had-t0-be-moved.

UNESCO. World Heritage Centre. https://whc.unesco.org/en/list/

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Volcanology and the Future

“Kilauea at Dusk,” photographed in 1983 by G.E. Ulrich, USGS. Image: wikimedia.

Hawaii’s Kilauea Volcano has been erupting, dangerously. But it is always in some form of activity, as one of the world’s most active volcanos, and is therefore heavily instrumented. Volcanic prediction is feasible, according to Paul Segall, professor of geophysics at Stanford University; whereas earthquakes, caused by similar disturbances below Earth’s surface, are less predictable. Volcanos may become an important factor in mitigating climate change. Here’s why:

Iceland is the site of CarbFix, exploring the future of carbon capture. When CO2 is extracted from the atmosphere, at a plant near Reykjavik’s Hellisheidi power station, it is pumped underground to combine with basalt. As a result, the combination becomes rock. In fact, the ancient Romans used volcanic ash to form a particular building material. Basalt contains calcium, magnesium, and iron – elements that bind easily with CO2; basalt is like a sponge for CO2. Could this be answer to Earth’s carbon crisis? Maybe – basalt is the most common rock type on the planet; it’s even found on the ocean floors. India, Saudi Arabia, and Siberia are particularly well-endowed. Problem? CarbFix is water-intensive, not ideal for the already thirsty water planet. It takes 25 tons of water to transform one ton of CO2. Humans cause the emission of 35 gigatons of CO2 (a gigaton is a billion tons) per year. But the potential encourages research by CarbFix partners including Columbia University in New York, National Center for Scientific Research in France, and Reykjavik Energy in Iceland. Theoretically, the amount of world basalt could store all the CO2 emissions caused by burning fossil fuels, since Prometheus.

Kilauea is a basaltic shield volcano, producing an eruptive form of basalt called Tholeiite, according to Ken Rubin, professor of geology and geophysics, University of Hawaii.  It’s the dominant basalt type on Earth. In the future, we may learn to work with volcanic basalt to combat CO2 emissions and build a better climate. Meanwhile, if you would like to give support to those in need, due to Kilauea’s recent eruption, here are some ways to help.

For more:

Ancheta, Dillon. “Here’s how to help those affected by the Big Island eruptions.” 5 May, updated 22 May, 2018. Hawaii News Now. http://www.hawaiinewsnowcom/story/38119223/heres-how-you-can-donate-to-those-impacted-by-the-kilauea-eruption/.

Brooke, Kathleen Lusk. “Philosopher’s Stone?” 17 June 2018, Building the World Blog. https://blogs.umb.edu/buildingtheworld/2016/06/17/philosophers-stone/

CarbFix. https://www.or.is/carbfix

Perasso, Valeria. “Turning carbon dioxide into rock – forever.” 18 May 2018. BBC News. www.bbc.com/news/world-43789527/.

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Evolution of Rights: Environment

Should Trees Have Legal Standing? Image: virgin forest, wikimedia.

New Zealand declared personhood of the Whanganui River, sacred to the Maori and to the environment. Then India followed, establishing rights of two rivers: Ganges, and Yamuna, site of the Taj Mahal. Next, Colombia mandated the rights of the Atrato River, setting precedent for the Supreme Court of Colombia to assure an “intergenerational pact for the life of the Colombian Amazon.” It was the passion of children, 25 young citizens rising up to prevent further deforestation that had shown an increase of 44% between 2015-2016. Working with Dejusticia, the children petitioned the Colombian government and won, obtaining a tutela (legal regulation regarding rights). Bolivia has established perhaps the broadest environmental rights declaration: Law of the Rights of Mother Earth. How has climate change intensified the evolution of environmental rights?

Bolivia: Ley De Derechos De La Madre Tierrahttps://www.scribd.com/document/44900268/Ley-de-Derechos-de-la-Madre-Tierra-Estado-Plurinacional-de-Bolivia

Brooke, Kathleen Lusk and Zoe G. Quinn, “Rivers are People Too.” 24 March 2017. Building the World Bloghttps://blogs.umb.edu/buildingtheworld/2017/03/24/rivers-are-people-too/

Cano, Lidia Pecharroman. “Rights of Nature: Rivers That Can Stand in Court.” 14 February 2018. Earth Institute, Columbia University. mdpi.com/2079-9276/7/1/13/pdf.

Colombia: Law STC 4360-2018, number 11001-22-03-000-2018-00319-01, approved 4 April 2018. https://www.dejusticia.org/en/climate-change-and-future-generations-lawsuit-in-colombia-key-excerpts-from-the-supreme-courts-decision/

India:https://www.smithsonianmag.com/smart-news/ganges-and-yamuna-rivers-given-rights-people-india-180962639/

New Zealand:  Te Awa Tupua Claims Settlement Bill 129-2, 2016. http://www.legislation.govt.nz/bill/government/2016/0129/latest/DLM6830851.html

Stone, Christoper. “Should Trees Have Standing? Toward Legal Rights for Natural Objects.” Southern California Law Review, 1972, No. 45, pp 450-501.https://iseethics.files.wordpress.com/2013/02/stone-christopher-d-should-trees-have-standing.pdf

Appreciation to Evan T. Litwin for suggestion of Colombian 2018 law.

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Fountain of Hope

Water is the hope of the MOF-801. Here, the largest floating fountain in Europe, Multimedia Fountain Roshen, Ukraine. Image: wikimedia.

Two-thirds of the earth’s population may soon need more water, especially in arid regions. Australia, India, North Africa, and areas of the United States and Mexico, to name but a few, are rich in sun but poor in water. Using the sun to power a metal-organic framework (MOF) that acts like a sponge to soak up humidity, Omar Yaghi of the University of California Berkeley and Evelyn Wang of MIT, and team, have developed MOF-801 that could be carried in a suitcase, set up in a solar view, and immediately produce enough water for a family of four.

Hyunjo Kim, Sungwoo Yang, Sameer R. Rao, Shankar Narayanan, Eugene A. Kapustin, Hiroyasu Furukawa, Ari S. Umans, Omar M. Yaghi, Evelyn N. Wang. “Water harvesting from air with metal-organic frameworks powered by natural sunlight.” Science, 13 April 2017: eaam8743. DOI: 10.1126/science.aam8743. http://science.sciencemag.org/content/early/2017/04/12/science.aam8743/tab-figures-data/

Urieff, Kaya. “New solar-powered device makes water out of desert air.” 19 April 2017, CNN.com. http://cnnmon.ie/2pg50FR/

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

 

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Rivers are people, too

“Reflection of the Taj Mahal on the Yamuna River.” Image: wikimedia.

The first country in the world to give rights to a river was New Zealand: the Whanganui, the country’s longest, has received the environmental protection long sought by the Maori. Now, India has given human status and rights to two sacred rivers. The Ganges is protected, as is the river of the Taj Mahal. Shah Jahan acquired the land near the Yamuna to use the river as a ‘keel’ to balance the massive iconic monument. How are the rights of a river represented? New Zealand’s river will be represented in legal matters by one of the Maori people and one representative of the crown government. India anticipates environmental rights will now be protected, having declared the Ganges and Yamuna are “legal and living entities having the status of a legal person with all corresponding rights, duties, and liabilities.” Bolivia decreed the rights of Earth in Ley 071 de Derechos de la Madre Tierra.

For New Zealand’s Whanganui River’s legal status:  www.smithsonianmag.com/smart-news/new-zealand-river-just-got-legal-rights-person-180962579/ and To hear the Maori chant: “Ko au te awa. Ko te awa ko au.”: https://vimeo.com/76390994

For India’s Ganges and Yamuna Rivers and rights: https://www.washingtonpost.com/world/asia_pacific/court-gives-2-indian-rivers-same-rights-as-a-human/2017/03/21/fccb440

For Ley de Derechos de la Madre Tierra, Law 071 of Bolivia: comunicacion.presidencia.gob.bo/docprensa/pdf/20121015-11/53-28.pdf.

For Pope Francis and environmental ethics: https://blogs.umb.edu/buildingtheworld/2015/07/09/environmental-wholiness/

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India and the Climate of Peace

Be the change you want to see: Gandhi. Image: wikimedia commons.

India has ratified the Paris Climate Agreement.  The land of the Taj Mahal has a sense of ceremony; the historic decision was taken on October 2, Gandhi’s birthday. Joining other carbon giants, China and United States who both ratified the agreement in September, India declared its intention to pursue “development without destruction.” India, accounting for 4.5 percent of carbon emissions becomes the 62nd nation to deliver a legal instrument of ratification. To date, enough countries have now joined and ratified that only 3 percent point more are needed to reach the 55 percent required; the 55-nation aspect has already been met and surpassed. It is predicted that the Climate Agreement will come into effect on 4 November 2016. Mahatma Gandhi’s message of humanism, environmentalism, and pacifism” is celebrated by the way and date of India’s ratification of the agreement to limit global temperature rise to below 2 degrees Celsius. India set the goal of producing 40% of its electricity with non-fossil fuels by 2030. October 2 is also the International Day of Nonviolence.

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

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Let there be (f)light

“Icarus” by Blondel, Rotunda of Apollo, Louvre Museum. Image: wikimedia commons.

Icarus would be impressed. The Greek hero is famous for flying too close to the sun, but light and flight may now combine to improve the environment. Airports and runways are, by definition, open fields that prove ideal for solar power. Chochin, India is the site of the world’s first solar-powered airport. Welcoming 1,000 flights per day, the facility cost $9.5m to build, and benefits the environment as much as planting 3m trees. Prime Minister Narenda Modi announced a national goal of generating 100,000 megawatts by 2022; most parts of the land of the Taj Mahal receive 300 days of sunshine per year. The “Cochin” model is the first, but not the last: Africa has opened a solar-powered airport. Space solar power, pioneered by Peter Glaser, along with breakthrough technologies including nuclear fusion, may be on the agenda of energy change, advocated by the Breakthrough Energy Coalition announced in Paris at COP21 by Bill Gates. As NASA designs the new supersonic airplane to replace the Concorde, will new airfields be solar?

Menon, Supriya. “How is the world’s first solar powered airport faring?” 9 October 2015. BBC News. http://www.bbc.com/news/world-asia-india-34421419

“George Airport in South Africa is Africa’s First and Only Regional Solar-Powered Airport.” 29 February 2016. HowAfrica.com. http://howafrica.com/a-first-for-africa-solar-powered-airport/

Breakthrough Energy Coalition: https://www.youtube.com/watch?v=lKIEXeS824o

Sustainable Solutions Lab at UMass Boston: https://www.umb.edu/news/detail/umass_boston_cop21_discuss_paris_at_sustainable_solutions_lab_event

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

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