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Floodplain ManagementSESSION 23
Rivers as a Legal Battleground
State Policies
Prepared by Elliot Mittler, PhD
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State Policies
Objectives:
23.1 Identify the major players in determining water policy.
23.2 Explain why and how states operate together to manage interstate rivers.
23.3 Discuss State policy within the context case study floodplains.
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Major players in determining water policy
“widespread adoption of state…floodplain management regulations…did not occur until
the 1970s”
(L. R. Johnston Associates )
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Two Approaches Taken by States
1. direct regulation of floodplains
2. state standard-setting for local regulation
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Partnerships
“Effective floodplain management is a federal-state-local partnership” The Governors emphasize that efforts to mitigate flood damage to existing development must be continued and strengthened.
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Delegation of Authority
• February 2002, the governor of California delegated authority to the Department of Water Resources (DWR) to convene a Floodplain Management Task Force.
• Task force was composed of 39 representatives from 27 groups representing state and local government as well as other interested stakeholders.
• Nine representatives from five federal agencies were unofficial members of the task force and “provided insight and advice.”
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Defining Floodplain Management
Defining floodplain management. (California Floodplain Management Report.)
• Floodplain:: any land area susceptible by floodwaters from any source.
• Flood management:: an overarching term that encompasses both floodwater management and floodplain management.
• Floodwater management:: actions to modify the natural flow of floodwaters to reduce losses to human resources and/or protect benefits to natural resources associated with floodplains flooding.
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Reasonably foreseeable flood:
a flood event that is realistically probable for a particular area. In many cases, this event could exceed a predicted “100-year” flood.
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Impediments to Floodplain Management
Impediments to effective floodplain management. (California Floodplain Management Report, page 25.):
• Insufficient understanding of the risks from reasonably foreseeable flooding;
• Single-purpose approaches to floodplain management issues; and
• Insufficient technical assistance and funding to local agencies.
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Recommendations for Floodplain Management
Recommendations for more effective floodplain management. (California Floodplain Management Report, pages 20-21):
• Better Understanding of and Reducing Risks from Reasonably Foreseeable Flooding
• Multi-Objective-Management Approach for Floodplains
• Local Assistance, Funding, and Legislation
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Why and how states operate together
Reasons for compacts are varied, but there are several common reasons, including the following:
• Comprehensive river basin or watershed planning;• Water supply allocation;• Flood control;• Floodplain management;• Protection and restoration of fisheries, wetlands, and aquatic
habitat;• Water quality;• Hydroelectric power and its distribution;• Water storage and irrigation.
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Discussion of State Policy
– Teams should be given time to discuss State policy within the context case study floodplains