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Surface and Groundwater Administration <br />The disparity in legal and administrative mechanisms that govern surface and groundwater <br />is a substantial factor in western water management. This is attributed to the historical <br />development of independent institutions, largely established in response to local problems <br />and immediate water demands. The resulting institutions tend to reflect the chronologic <br />order of disputes, legal precedence, and statutes promulgated over time. <br />The interconnection between surface and groundwater is a major challenge to sustainable <br />management of water resources. The link between surface and groundwater is simple in <br />concept, but, in practice, it can quickly raise complex technical issues with profound legal <br />implications. Leopold again states the basic physical relationship simply: <br />What is not seen is the important water that is out of sight — called ground water <br />because it is in the ground. It is convenient to refer to surface and ground water <br />separately in describing where the water is, even though they are not different <br />kinds of water. Both come from precipitation (Leopold, 1974). <br />In spite of the well- documented physical interactions, the administration of groundwater <br />and surface water is often inconsistent between the Western States. <br />The majority of western states administer surface waters under the doctrine of prior <br />appropriation or by a mixed appropriatioe- riparian system. However, groundwater <br />governance regimes display less uniformity and are typically far less well defined, <br />making it more difficult for states to manage limited supplies (WWPRAC,1998). <br />The fact that uneven administration often allows or promotes overdraft is an indication of <br />the unrecognized valuation of groundwater, including the in situ functions groundwater <br />provides. The tendency to undervalue groundwater and the general absence of integrated <br />surface and groundwater administrative mechanisms can lead to the following problems <br />paraphrased from the National Research Council (1997). <br />Groundwater is often used in excess of the rate of recharge (overdraft). <br />Groundwater use can conflict with efforts to maintain base stream flow. <br />Provisions for water quantity and quality are not integrated effectively. <br />Excessive groundwater extraction can lead to land subsidence problems. <br />Conjunctive Water Use <br />As water resources are increasingly constrained, there is greater emphasis on conjunctive <br />use of surface water and groundwater sources to optimize water resources. For example, <br />water stored through a dedicated recharge operation may contribute to aquifer restoration <br />and also provide supplemental supplies in dry years when surface flows are below normal. <br />Groundwater storage (recharge and recovery) has considerable potential in developing <br />effective water supply augmentation strategies through conjunctive use. <br />2.7 5 High Plains States Groundwater Demonstration Program <br />