When Benjamin Franklin wrote, “When the well runs dry, we know the worth of water,” he probably wasn’t thinking of golf courses. But then, he probably wasn’t in Atlanta in 2007, or on the links in Scottsdale at any time.
While this article mainly discusses water use at golf clubs, the principles apply in other club contexts, including the use of reclaimed water for irrigation purposes, use of potable versus nonpotable water, conservation efforts through low flush toilets, more efficient sprinkler heads and other means of conserving water within the club. Many clubs will face challenges to their water use. Many also do not have a clear understanding of their water rights or the risks to those water rights, a well-prepared plan for wisely using and conserving them, or a contingency plan for dealing with actual or potential loss.
Sadly, most water users never give much thought to their water supply until a crisis erupts. By the time the value of a good water supply and management plan becomes clear, it is usually too late to be proactive. Water users end up reacting rather than acting with a plan. This approach can be risky, and it is invariably expensive.
It doesn’t have to be this way, however. A basic understanding of water rights and some advance planning can help secure the water supply for your club. More importantly, it can ensure that critical operations are not interrupted.
Types of Water Rights
Regulation of the diversion and use of water is governed by administrative agencies. Each state has adopted a unique system to regulate the diversion and use of its water. All water uses, regardless of location, are subject to laws and directives.
Although there are variations from state to state, water rights can be generally categorized into three groups:
- Riparian Rights. Riparian rights are based on the principle that individuals owning land adjacent to bodies of water have rights to use that water. Each adjacent landowner may make “reasonable” use of the water as long as such use does not interfere with the reasonable use of other adjacent landowners. Riparian rights are based on ownership of land and are not dependent on if or how water is used. Notwithstanding the fact that riparian rights are based on land ownership, riparian water users are often required to obtain permits from state or federal administrative agencies that regulate the use of water. In times of shortage, the available supply of water is apportioned among all the water users, and each shares in the shortage.
- Prior Appropriation Rights. In prior appropriation states, water users acquire water rights from the state. Prior appropriation water rights evolved from mining law concepts, expressed as “first in time is first in right.” Just as the first miner who reached the motherlode staked his claim to all of the gold, the first water user to divert water from a stream and use it for an authorized purpose receives the “first,” or “best,” water right, and may use all of the water in his right to the exclusion of those who later seek approval to use water.
In times of shortage, the person with the earliest dated water right may use all of his water before later priority water rights are supplied any water. These water rights are based, measured and limited on the amount of water beneficially used, and are not dependent on ownership of land adjacent to the water. Because these water rights are based on active use, they may be subject to loss if the water user ceases to use the water.
- Contract Rights. Most of us pay for water delivered by a city or district or large water purveyor under a water service agreement. It is important to remember that our supplier is likely acquiring its water based on a water right. Accordingly, water use restrictions on the underlying water rights may be imposed on us by our providers.
Understanding Your Water Resources
Given the significance and value of water, it is important that clubs clearly understand their legal rights to use water. Regardless of the location of your club or the nature of your operation, there are steps you can take to ensure that your water rights—and by extension your operations—are secure. Knowledge in a few key areas will help you to appropriately use and protect your water resources. We refer to these key areas as the four “R”s: Rights, Responsibilities, Risks and Remedies.
Rights
Analyzing the legal right to divert water and use it at your club is the first step in any review of water-related issues. Many water users profess to have intimate knowledge about their water rights, but when pressed cannot describe where their water comes from or explain the rights by which their water is diverted and delivered. Understanding the nature and extent of your water rights is important to proactively using and protecting them.
Start your review of your club water rights by listing the type of each right, its original source, and the amount of water it provides. If your club receives water under a contract, it is a good idea to confirm the ownership of all of the water rights making up the contract supply.
Many water rights are limited to particular kinds of uses at specific locations during certain time periods. For instance, if your water is delivered by a municipal agency under a contract, it likely may be used for any purpose throughout the year. However, if your water right is only approved for irrigation use, it may be used solely for that purpose on a limited, specifically described area, and it will probably identify dates when use can begin and use must end.
These limitations may not coincide with your club’s water needs. If not, you may have to pay a premium for water delivery under a different right to make up the deficit.
You should thoroughly review and understand requirements in contracts, agreements and court decisions related to your water rights. In addition, be aware that regulating agencies often impose restrictions and reporting requirements on your use of water, such as mandatory conservation during droughts
It is a good idea to familiarize yourself with the operation and ownership of the diversion and conveyance facilities delivering your water. This includes systems used to transport water from its original source to your golf course as well as the course irrigation system. Keep in mind that shared use of facilities may create conflicts and can result in unexpected assessments; for example, an invoice for your share of repairs to a dam located miles from your club.
Finally, you should be aware of other water users who may have interests in the sources, delivery systems, or contracts necessary to your water supply. Sometimes arrangements must be made to compensate other water users if your use interferes with theirs. Don’t forget that, in times of shortage or conflict, these water users can be your best allies or worst enemies.
Resources are available to assist you in familiarizing yourself with your club’s water rights. Many states have an agency that administers water use and can help you. Water suppliers should be able to provide background information on their water rights. Additionally, water attorneys or consultants can help.
Responsibilities
Along with the right to access and use water, many water rights also impose obligations upon water users. For example, prior appropriation water rights must be used regularly for specific purposes to avoid forfeiture; diversion of riparian water rights usually must be “reasonable,” and some contract rights require the performance of certain actions on the part of the water user. Failing to perform these obligations, or not performing them in a timely manner, can result in loss of water rights, payment of fines, termination of contracts, and, in limited instances, criminal charges.
Most course superintendents understand water quality obligations. In addition to obligations related to water use, there are often requirements related to the condition of water after you have used it. No matter where your club is located or how you use your water, there are always downstream interests that are very concerned about the condition of water after it is used on your course. Many state and federal laws impose standards on the quality of water as you use it and as it flows off your property.
Club managers also need to consider the changing values of members today. Increasingly, members are concerned with social and political issues relating to water use. Can your club point to specific conservation measures it has implemented? When general water restrictions are imposed due to drought, club members will appreciate knowing that their club has a plan to contribute to water savings.
Risks
No one has an absolute right to use water. Every water right, regardless of its type, is relative to other rights and priorities, and is susceptible to a variety of risks. Factors such as the amount of water available in a source, competition from other water users, changing water agency regulations, natural events, conservation demands, and administrative or political priorities can adversely affect your water supply. Along with an understanding of your water rights, you should have an understanding of the various risks to those water rights.
The risks to your water rights will depend on the location of your club, your specific operations, and what kind of water rights you have. In addition, the significance of any risk will depend on your club’s resources and priorities. Specific risks to your water rights may include decreases in water available for use, forfeiture of water rights, competition from other water users, legal action, termination or modification of contracts, increases in rates, changes in public perceptions, population growth, and changing public policy.
Identifying and assessing the various risks to your water supply can be difficult and is always somewhat speculative. However, acknowledging these risks is an important first step in dealing with them; this exercise will enable you to realistically assess your situation and effectively plan to mitigate risks.
Remedies
As critical as water is to your club’s operation, and considering the variety of risks to your water rights, you should have a backup plan for water service. The middle of a crisis is not the time to start thinking about options for replacement water. It is important that you know what your options are in advance.
To fully protect your club’s water use, you should develop specific options for (1) eliminating or mitigating certain risks to your current water supply, (2) obtaining a new or additional water supply, and (3) modifying or retrofitting your operations to require less water.
Like risks, your options will be dependent on the location of your club and on your individual operation, and, again, will probably be somewhat speculative. It is impossible to completely eliminate risk or to obtain absolute certainty with regard to water rights. Having a contingency plan in place can bring peace of mind, reduce club operating expenses, and allow you to spend your time and money on other priorities.
Water Issues Affecting Clubs
Across the United States, issues related to water rights and water use are increasing in both number and significance. These issues include:
- Rapid population growth in many areas of the country, and accompanying increases in competition for water resources.
- Increasing sensitivity of club members to responsible water stewardship.
- Concerns regarding climate change, and the uncertainty of its effects on local weather patterns and water supplies.
- Increasing frequency and severity of natural events such as droughts and storms.
- New local, state and national policies that change the priorities for use of limited resources like water.
- Changing public perceptions of the use of water for certain “non-essential” purposes in the face of increasing demand for water.
- Water quality and other environmental concerns.
- Aggressive local, state and national responses to water-related “emergencies.”
No matter where your club is located, you are likely to experience some of these issues first hand, if you haven’t already. Awareness of the issues, coupled with a clear understanding of your club’s water rights, will enable you to prepare for them in advance and to maintain the stability of your club’s operations
Benjamin Franklin’s advice is still as timely today as it was centuries ago. He also warned us that, “Failure to prepare is preparing to fail.” By taking the time to understand your water rights and preparing in advance to deal with risks to those rights (see sidebar for suggestions for preparing a Master Water Plan for your club), you will become a better steward of your club’s critical water resources.
Robert Peterson and Jody Williams are attorneys at Holme Roberts & Owen LLP’s Salt Lake City office.
Guidelines for a Water Master Plan
How to Protect Your Club’s Resources
Most water users, not just golf courses, can benefit from a clear understanding of their water resources. Given the importance of water to overall operations, every club should take steps to understand and protect its water rights. Every club is strongly encouraged to develop a Master Water Plan to facilitate informed use and protection of critical water resources.
A Master Water Plan should be individually tailored to each club and location. However, regardless of the location or operation, a well thought-out water plan will, at a minimum, include the following items:
I. Club Water Overview
Begin with a big-picture overview of your club’s present and anticipated water needs, its water resources, and its existing water use. Address planned additions or new club amenities. This overview should be a quick synopsis of the remainder of the Plan.
II. Sources of Club Water
Identify each source of your club’s water. This includes all entities that deliver water as well as the actual sources from which your water is diverted. Diagrams, maps and a description of facilities that deliver water to your club may be added to this section.
III. Legal Rights to Water
Identify and describe each of your legal rights to use water. This section should include all administrative rights, all contract rights, and any controlling court actions or decrees that grant you the right to divert and use water for any purpose (i.e. for irrigation, for creation of course features, for domestic use at the clubhouse) at your club. Add details of all payments, fees or assessments required under contracts. Include copies of the contracts and water rights documents.
IV. Relevant Laws and Permits
Include a summary of local, state and federal laws, rules and regulations that affect when, how and where you may use water. Include any restrictions on water use such as mandatory drought cutbacks. You should also identify and summarize any environmental laws that may impact your water use. If your operations require any permits from administrative agencies, you should identify each permit, identify the permitting agencies, and summarize all requirements associated with the permits. Include copies of the permits.
V. Existing Water Use
Describe how your club currently uses water. Include the purposes, strategies, amounts, timing and locations of water use. This section should describe your club’s water delivery system and its condition, capacity and adequacy for current and anticipated needs. Include copies of maps depicting your delivery system and operation manuals.
VI. Anticipated Future Water Use
Carefully consider your anticipated future water use, and the extent to which that may differ—more or less—from your current water use. Future water use may be driven by water restrictions or pricing. Carefully analyze whether or not your current water rights will provide sufficient water to accommodate your anticipated future water needs.
VII. Current and Anticipated Threats to the Club’s Water
Identify existing or potential threats to the club’s water supply. This section should consider competition from other water users, increasing costs, environmental or conservation concerns, climate events, administrative policy changes, legislation, changes in permit requirements, and changing needs. Each club also should list specific threats. The goal of this exercise is to avoid being blindsided by a crisis—it is OK to be somewhat speculative in this section.
VIII. Alternate Water Strategy
Finally, your plan should articulate an alternate water strategy to be employed in the event any of your water resources are diminished or impaired. Discuss potential responses to the various threats identified above. Identify options for conservation and backup water supplies, as well as options for modifying existing operations.
Water Use and Conservation at Golf Facilities
By Greg Lyman and Clark Throssell, Ph.D.
What is a golf course?
On one hand, that seems like a relatively easy question to answer. Golf courses are grass, sand, trees, water, woods, etc. But truth be told, we really do not know for sure what golf courses are and how they are managed.
Over the past five years, the Golf Course Superintendents Association of America (GCSAA) has been conducting a series of surveys to measure golf courses in terms of physical characteristics, water use and conservation, nutrient use, pesticide use and energy use and conservation. Prior to this effort, there had never been such a survey of golf courses. But thanks to the Environmental Institute for Golf, with funding from the Toro Giving Program, this project will provide the golf industry data that will improve facility management, develop education for course managers and identify research.
In January 2009, GCSAA released “Water Use and Conservation Practices on U.S. Golf Courses,” the second volume in a series of research studies conducted from 2006 – 2008 on water use and conservation practices as part of its efforts to build a golf course environmental profile. A strong response rate from the survey on water use and conservation practices through 2006 represented 15 percent of all golf facilities across seven agronomic regions—Northeast, North Central, Transition, Southeast, Southwest, Upper West/Mountain and Pacific.
Key Findings and Conclusions
There are an estimated 1,198,381 acres of irrigated turfgrass on U.S. golf facilities, which is approximately 80% of the maintained turfgrass acres found on golf courses.
- Other portions of a golf course include non-turfgrass landscapes (forests and other habitat types), water bodies (lakes, ponds, wetlands, streams) and buildings.
- The acreage of non-turfgrass landscapes have increased at golf facilities since 1995.
- Converting portions of the golf course to non-irrigated landscapes can reduce water use.
There are significant differences in the number of irrigated acres on 18-hole golf facilities among agronomic regions. In the Southwest region, there are approximately 115 acres of irrigated turfgrass on an average 18-hole golf facility compared to 54 acres of irrigated turfgrass per facility in the Northeast region.
- Irrigated acreage on a golf course is increasing in all regions except in the Southwest. This is likely to continue as irrigation systems are upgraded.
Water applied to golf courses was compared to data from the United States Geological Survey on water withdrawn nationally for all purposes. This comparison reveals that golf facilities account for one-half of one percent of all water withdrawn annually and just one and one-half percent of all irrigation water applied.
- It is important for all golf facilities to proactively conserve water.
- Superintendents at 18-hole golf facilities utilize numerous methods to conserve water with the top three tactics being the use of wetting agents (92%), hand watering (78%), and keeping turf drier than in the past (69%).
- Conserving water on the golf course begins with an understanding by members that playability, not aesthetics, is the primary goal of course maintenance. Develop a plan with your superintendent to optimize playability while also conserving water. Clear, consistent communication to members during the golfing season can reinforce the decision to emphasize playability and conserve water.
- Efforts to maximize the efficiency of the irrigation system and adopting new technology to aid irrigation scheduling decisions will help conserve water.
- More golf facilities should have a written drought management plan. The survey indicates that only 15% of 18-hole golf facilities have a written drought management plan.
- Conserving water in the clubhouse and at other facility amenities is essential to becoming a sustainable business.
Golf facilities utilize multiple sources for irrigation water. The most common are non-potable sources such as lakes/ ponds (52%) or on-site wells (46%). Fourteen percent of 18-hole golf facilities utilize water from a municipal water system as one of their water sources.
- Recycled water is used by 12% of average 18-hole golf facilities as one of their water sources, with 37% percent of 18-hole golf facilities in the Southwest using recycled water as one of their water sources.
- More than half said they would use recycled water. However, there was not an available source or there was no infrastructure to deliver it from recycled water providers.
- Golf facilities should maximize the use of non-potable water for irrigation when economically and practically feasible.
Armed with this data, golf facilities can improve their decision-making, management practices and communications regarding the use of this resource. It would be a mistake to classify this only as a golf course management concern. It is a concern of all, including golfers. Complete results from the GCSAA Water Use and Conservation Practices on U.S. Golf Courses can be found at www.eifg.org.
Greg Lyman is Golf Course Superintendents Association of America’s director of environmental programs and Clark Throssell, Ph.D., is GCSAA’s director of education.