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Groundwater Paper

Groundwater Paper. Introduction (Section I) Legal framework (Section II) Bases for Trusteeship (Section III). NAAG/DOE NRD Task Force. Vicky Peters, CO AGO Matt Ducshene, DOE Kevin Ward, DOD November 29, 2006. Trusteeship.

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Groundwater Paper

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  1. Groundwater Paper • Introduction (Section I) • Legal framework (Section II) • Bases for Trusteeship (Section III)

  2. NAAG/DOENRD Task Force Vicky Peters, CO AGO Matt Ducshene, DOE Kevin Ward, DOD November 29, 2006

  3. Trusteeship • belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States … any State or local government, …any Indian tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe.

  4. The Claim • Issues regarding the measure of damages (Section IV) • How to quantify the injury (Section IV.A.) • How to establish damages and value claims (Section IV.B.) • Lost use of injured ground water, (Section IV.B.1.) • Quantification: market price, Resource Equivalency Analysis, and survey-based analyses (Section IV.B.2).

  5. Path Forward • How to deal with uncertainties (Section V) • Recommendations for addressing and resolving groundwater claims in the future (Section VI).

  6. Halo Calculation X Halo Plume Groundwater Flow

  7. Groundwater Volumes Groundwater Flow Rate Through Plumes Groundwater Flow

  8. Static Volumes Volume of groundwater in plume at any point in time Based on: plume area (plus halo) X saturated thickness X porosity

  9. EXTENT OF GROUNDWATER PLUME Dieldrin Halo Dieldrin Chloroform Halo Chloroform DBCP Halo DBCP Benzene Halo Benzene TCE Halo TCE

  10. Groundwater Flow Rate • Volume of groundwater flowing through contaminated portions of alluvial aquifers each year • Based on • Darcy’s law (Q = K x I x A) • Site-specific permeability and gradients • Plume widths

  11. Groundwater Contour Groundwater Flow Direction Cross-Section Location CROSS-SECTIONAL METHOD FOR CALCULATING VOLUME OF GROUNDWATER FLOW THROUGH PLUMES Note: Plumes shown as darker colors, halos as lighter colors. Bedrock high areas shown in grey

  12. Damage Claim • Cost to restore to baseline • Fix broken resource (revegetation) • Replace with other resource (e.g. conservation easement, cleanup of other contamination) • Interim lost use

  13. Baseline Baseline Injury Units of Loss Interim Loss Remediation Restoration Time

  14. Issues with Lost Use • What does the trustee have to prove to show lost use? • The “Straw Theory”

  15. River Plume Aquifer

  16. Issues with Lost Use • Can Trustees recover for lost use in western water sheds that are fully appropriated?

  17. Measures of Damages • Market Price • Water rights • Tap Prices • Resource Equivalency Analysis • Survey-based Methodologies CVM TVE/GVE

  18. Recommendation • Work together to institutionalize cooperative process for performing restoration-based assessments of Groundwater NRD claims

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