The Role of Water Doctrines in Enhancing Opportunities for Sustainable Agriculture in Alabama¹

Abstract

Alabama is a water rich state. Yet, agriculture is limited in both scale and productivity and the state regularly suffers from drought. Climate variability adds to this paradox even while water users, particularly farmers, have few coping mechanisms. In this paper, we argue that more significant than the water resource itself in Alabama is the governance structure of that resource. The riparian doctrine, as it stands, stymies effective management. The role of water doctrines, and resultant policy, is, therefore, crucial to enhancing decision‐making opportunities for agricultural end‐users in Alabama. After exploring different doctrine types as applied across the states we conclude that a move towards “regulated riparianism” consistent with the American Society of Civil Engineers Regulated Riparian Water Code (2004) would enhance opportunities for both the state and agriculturalists to cope with variable water supply conditions while maximizing environmental benefits. The paper then concludes with a review of the primary objectives of the Water Code and key places where Alabama’s Water Code would need revision to meet these objectives.

Multi-Level Influences on Center-Pivot Irrigation Adoption in Alabama

“…In addition, accessibility to surface water and groundwater sources varies throughout the state. Common law rulings in Alabama have established riparian rights as the legal surface water access regime, which allows only riparian owners access to the surface water flowing across their property (Marcus and Kiebzak, 2008). This has created conditions of social water scarcity in which precipitation, surface water retention ponds, and groundwater are the only options available to non-riparian farmers.…”

“…This has created conditions of social water scarcity in which precipitation, surface water retention ponds, and groundwater are the only options available to non-riparian farmers. Groundwater access is particularly challenging in the central part of the state where average aquifer depths increase substantially (Hutson et al, 2004;Marcus and Kiebzak, 2008). In the Black Belt, for example, average depth to water is twice that of rest of the state (Table 1), increasing the necessary investment needed for drilling or deepening a well.…”

Macro, Meso, and Micro‐Efficiencies in Water Resources Management: A New Framework Using Water Balance1

“…Besides water quantity, another important aspect of water use is its usefulness (ASCE, 2004; Marcus and Kiebzak, 2008), which incorporates quality, such as the level of salt accumulation, and whether a particular use of water is beneficial or not (Vance, 2005). Molden and Sakthivadivel (1999) use process and nonprocess concepts to indicate whether it is useful for the purpose of a project or activity and then separate this into beneficial and nonbeneficial.…”

“…An important aspect of managing a WRS (e.g., a city, farm, collection of them or even a subbasin) is to distinguish between beneficial and nonbeneficial uses of water. For example, beneficial water permits and certificates are needed in various states of the United States for using water (e.g., Marcus and Kiebzak, 2008; WRB, 2009). Of course, in water‐scarce regions in particular, proof of beneficial use is a crucial step in being able to develop water, as well as having a priority of beneficial water use when severe scarcity or drought hits a region (RCM, 2005).…”

Climate Change Impacts and Adaptation in Florida’s Agriculture

“…Policy research will be essential to balance these competing demands for land and water resources. This research should evaluate agricultural competitiveness in Florida, both for its ability to meet food, fiber, and fuel needs of the region as well as to contribute to national and global food, fiber, and fuel production (Marcus and Kiebzak 2008).…”