New Demanders for Pearl River Water

Rising below the farms in the Oyster Valley the Oystershell Mountains rise steep forcing the Pearl River to wind its way through. During the 1990s the lower reach of the Pearl River became popular for fishing and boating. Kayakers enjoy the rapids early in the season and fishermen have found the habitat superb for large trout. Nature brought high water flows throughout the decade and the recreationists brought revenues to the once small town of Oyster City. The economy of Oyster City was transformed from a mostly agricultural base to a diverse system dependent upon agriculture, tourism, and manufacturing of the new Pearl Boat, designed specifically for floating the winding lower reach of the Pearl River.

Under a minimum stream flow requirement enforced by the state, every river would be analyzed and a minimum in-stream flow level determined to protect fish and wildlife habitat. Diversionary rights could be satisfied only after the minimum in-stream flow requirement has been met. Diversionary rights would be based on the prior appropriation doctrine and would allow for beneficial (diversionary) use trades. The minimum flow recommended for the Pearl River is 20 acre feet.

New Demanders:

BBs B&B:You are the owner of one of the local bed and breakfasts. Business has been booming since high water arrived in the 1990s. People come to fish and float the river and just to get away from the hustle and bustle of their own lives. They love to relax on your back deck and enjoy the solitude. Your home and business sit in the shaded hills of the lower slopes of the Oystershell mountains and the wrap-around deck peeks out just enough to catch the last evening sun and spectacular sunsets along the edge of the river. Some people still come for the privacy and views in low water years, but the fishermen and rafters stay away and business suffers. You estimate that low water costs you a minimum of $10,000/summer, and that doesn't even begin to take into account your personal "loss" of enjoyment of the place you chose to build your home.

Angler Club President: You are President of the Pearl River Chapter of a national fishing and conservation organization, and you make your living as a fishing and hunting guide. Projects funded by the national organization have helped the Pearl earn a national reputation for "gold metal" waters, a designation highly prized by trout fishermen. Not only your livelihood, but everything you've accomplished as a fisherman and conservationist is jeopardized by low water.Low water means warm water, and warm water means dead fish. You figure that if the Pearl flow drops below 20AF, your $15,000 annual income is cut in half, and even 20AF is the bare minimum; more would be better. The Anglers Club has 100,000 members across the nation, and raising $10,000 - $20,000 for local projects is not out of the question.

Pearl Boats, Inc.: You are the President of Pearl Boats, Inc., a drift-boat manufacturing company that designs whitewater rafts and fishing boats. To showcase your wares, you also run a recreation company catering to rafters and fishermen. Your boats have been a hit nationwide due their great utility, light weight, diversity, and lustrous sheen - and the great videos vacationers post on the Internet probably don't hurt business either. You've also become very popular with boat distributors who take full advantage of the free guided trips down the Pearl River you offer them each spring and summer. 20AF is a bare minimum as far as you're concerned; the fishing's ok but the rafting is pretty tame. More water is more business. Your income drops by $20,000 - $40,000 as the water level drops.

1. Review "New Demanders for Pearl River Water." During the 1990s, a new group of water users entered the picture - the recreationalists, environmentalists, and conservationists who valued having the water in the stream. Answer:

• Suppose that the minimum flow recommendation of 20AF becomes law. Who will benefit and who will bear the cost of that legislation in any year where streamflow falls below 70AF?

• What other ways in which the demand for in-stream flows could have been met at lower cost - or perhaps more "fairly", and help them to articulate how water law at that time prevented win-win solutions.