Report: Arkansas Watershed Advisory Group and Stream Team Conference

Little Rock, October 30-November 1

October 30 was a pre-conference day. Participants elected from a number of workshops. The goal of the “Watershed Funding Workshop” was to build the capacity of participants to develop a realistic, sustainable funding plan through a six-step procedure. Tim Jones of the EPA discussed procedures on obtaining Clean Water Act, Section 319 funding for watershed work Other funding resources and tools were presented by Neil Orschein, also from the EPA. epa.gov/owow/funding.html

After two keynote speaker on Friday, participants chose from one of 2 topics covered in each session. The first keynote was given by Tom Davenprt of the USEPA giving introductory remarks.. The second keynote was delivered by Gene Dunaway of the Friends of the North Fork who spoke on watershed groups and streamteams working together. They were followed by a session on climate change, drought, and water conservation. Keith Harris of the U. of A. briefly reviewed the history of the Earth's global climate changes and the affect global warming may have on the natural environment and human activities. Robert McAfee, an Inconvenient Truth educator, gave an overview of the science of global warming, the role of human activity in it, and solutions that individuals can do to mitigate the effects. Erica Brown of the Association of Metropolitan Water Agencies highlighted management challenges utilities are facing in light of climate change, implications of federal climate and energy policy, and the importance of research.

Session I covered the natural gas explorations and drilling in Arkansas. State Representative Betty Pickett, Greg Thomas of the U. of A., and Theresa Marks who is Director of ADEQ made presentations. My personal analysis is that many questions have been raised about economic gain vs health and environmental and infrastructure damage.

Session II contained presentations on conservation easements, land trusts, and tax credits. Gene Dunaway spoke about the Ozark Regional Land Trust. Bill Layher of Layher Biologics presented the example of conservation easements for the Bayou Bartholomew Watershed. Finally, Joyce Hale of the Arkansas League of Women Voters discussed their study on the issue. Conservation easements can provide a win-win situation. However, it was stressed that they must be constructed carefully through experienced, certified trusts. The second section was on protecting water quality in our forests. Michael Crump from the Ozark-St.Francis National Forest provided an overview of current forest service policy regarding managed and unmanaged recreation there. Studies are continuing on the impact of off-highway vehicles on the national forests. Alan Clingenpeel from the Ouachita National Forest reviewed best management practices often overlooked in design of forest roads and unpaved roads. Results can be serious adverse effects on water quality Arnold Hameister of the Forestry Commission presented the Commission' s BMP program and State Implementation Report. Data from studies of how BMP's are effecting individual watershed areas and the status of that watershed are available on the Arkansas Forest Commission website. Beaver Lake is region D-7

Saturday morning opened with a presentation on Arkansas Water Rights by Charles Moulton from the Attorney General's office. According to Arkansas law, a person's property bordering on water begins at the high water mark There are legal questions of public navigability of rivers. It is generally controlled by several different tests under federal laws especially for highways of commerce, An Arkansas case extended navigability to include recreational use.

Session III offered a section on local watershed protection. Shawn Grindstaff of the Forrester Group used his long experience with local officials to give tips on engaging them in a way to increase chances of reaching goals. Dennis Dunderdale of the City of Cotter discussed the topic of local and county ordinances under Arkansas Code – Title 14 – 403 and 404. Planning is essential as the driver for the future while zoning ordinances implement and enforce the community's vision. Mark Boyer of

the U. of A. Landscape Architecture Dept. presented the benefits of low impact development and related best management practices. The other section outlined four different watershed projects in Arkansas. Included were: 1. Johnnie Chamberlain of Audubon Arkansas who used Fourche Creek as an example of identifying current problems and steps undertaken to address them. 2. Phil Tacker of U. of A. Cooperative Extension discussed data collection and BMP studies to assess effects on soil and water conservation in agriculture with specific emphasis on rice farming. 3. Sandi Formica of the Watershed Conservation Resource Center used the West Fork of the White River to show how to gather data in order to prioritize areas for restoration.

Session IV concerned construction and stormwater. Kim Fuller of ADEQ reviewed stormwater permitting requirements. Gary Williamson of the Arkansas State Highway and Transportation Department spoke of erosion and sediment controls on highway construction.

The final presentation was made by “Robert Morgan of Beaver Water District and Shawn Grindstaff of the Forrester Group. They gave their experiences on a project known as the :”knowledge gap assessment” as a tool to find out whether stakeholders possess sufficient knowledge to make informed decisions. The model uses extensive interviewing of selected stakeholders.

It should be obvious that a wealth of knowledge was shared. Presenters can be contacted about additional information in their areas of experience and knowledge.

Submitted by James Gately

Conference Summary

Forum on Conservation Easements as a Watershed Management Tool

This forum was held August 27-28 at the Lodge at Mt. Magazine Sate Park. Its sponsors were Beaver Water District, Central Arkansas Water, Arkansas Farm Bureau, and the University of Arkansas Cooperative Extension Service.

This invitation only forum of government agencies and organizations involved in water quantity and quality issues explored the tool of using conservation easements to help protect our water supply. Mark Curtis represented ABLE. James Gately also attended. Presentations by and discussions with speakers from other areas of the country and from around the State explored the advantages of and potential pitfalls of conservation easements if not constructed properly. Based on experiences from other states, a model was constructed as groundwork for a potential bill to be presented to the Arkansas legislature in the future.

In brief, a conservation easement is a voluntary program to restrict property for specific purposes and may qualify for tax incentives. Each owner's situation is unique so the owner negotiates the terms with a recognized land trust. Since the owner retains ownership of the land, they must clearly state the values they are protecting by outlining the property rights to be kept and rights relinquished, all or portions of the land involved, its uses, etc. The IRS recognizes tax incentives for qualified purposes and if certain procedures are followed such as an appraisal to establish the value of the easement.

Conservation easements may be a valuable tool in protecting farm and forest land, open space, historical properties, views, and water quality by protecting riparian zones, caves, and springs. To prevent “loopholes” from destroying intentions, certified and experienced appraisers, attorneys and land trust organizations knowledgeable in how this tool can be properly applied are a requirement especially since the agreement is “in perpetuity”

A voluntary program that protects important land should be a “win-win” option.

Submitted by James Gately