Full document / COSOC-W-86-002 - the National Sea Grant Library

Estuarineand Coastal Management- Toolsofthe
Trade. Proceedingsof the TenthNationalConference
of The CoastalSociety. October 12-15,1986. New
Orleans,LA. Copyrightby 7V CoastalSociety
1987.
REGULATING, PURCHASING. AND TAKING PROPERTY RIGHTS
IN THE COMBAT OF NONPOINT SOURCE POLLUTION
L Leon Geyer and Patricia E. Nonis
Department of Agricultural Economics
VirginiaPolytechnic Instituteand StateUniversity
301-CHtitchesonHaII
BUcksburg.VA 24061
As tho environmental Impacts of extracting our agricultural
bounty has become more apparent, farcers' use of natural
resources have become subject to more careful review and
regulation. Farmers' rights are in a state of transition.
"Rights to uso land are being conditioned on effects that uses
have on others, principally users of water and aquatic
environments (Braden, 1982)."
Consideration of alternative programs or policies to control
nonpoint pollution would alter the current allocation of property
rights, as well as the rules under which those rights aro
protected and oxchanged. This paper will discuss assignment of
property rights, major program alternatives, and tax expenditures
In tho combat of nonpoint pollution.
Control a£ Nonpoint Source Pollution
Control of nonpoint source' pollution, under Section 20S of the
Federal Water Pollution Control Act Amendments of 1972 (U.S.
Congress, 1972), was to be undertaken by area-wide planning.
Undor this process, on area-wide plan is devoloped by a planning
agency at the state level and submitted to the Environmental
Protectoin Agency (EPA) for approval. A regional operating
agency Is then designated to carry out the plan. These regional
'Nonpoint source pollution is: (1) Generated by diffused land
uso activities, not identifiable activities. (2) Conveyed to
waterways through natural processes such as storo runoff or
ground water saepage, rathor than deliberate, controlled
discharge, and (3) Not susceptible to "end of pipe" treatment,
but controllable by changes in land aanagenent or process
practices. (41 Federal Reg. 24709-24710 (1976)).
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