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44 Ecology L. Currents 101 (2017)

handle is hein.journals/ecolwcur44 and id is 1 raw text is: 














     Bridging the Divide: Incorporating

       Interflow into Legal Discourse on

           Surface Water-Groundwater

                          Interactions


                 Reshmina  William* andA. Bryan  Endres**


                              INTRODUCTION

     Despite the traditional separation of groundwater and surface water in
academic  and legal literature, both systems are in fact tightly interconnected.
This artificial distinction persists due to the idea that groundwater movement
takes place on a much  larger timescale than surface water flows.1 While this
differentiation is true to some extent, it ignores the significant impact that
subsurface flows can  have on  surface stream baseflow during droughts and
peak flow  floods.2 In addition, the differentiation between surface water and
groundwater flows has historically led to confusion over how to legally address
water quality concerns in systems that handle subsurface flows. As discussed
below, the pending  Des Moines  Water  Works  litigation3 regarding pollution
outflows from  subsurface drainage infrastructures provides an excellent case
study in the importance  of legal distinctions between the different types of
flow.  Such  distinctions may fundamentally  alter the Clean  Water   Act's
application in the agricultural context.


Copyright 0 2017 by Reshmina William and A. Bryan Endres

     * PhD Candidate, University of Illinois, Department of Civil and Environmental Engineering.
     ** Professor of Food & Agricultural Law, University of Illinois, Department of Agricultural and
Consumer Economics.

    1.  Mehdi Ghasemizade & Mario Schirmer, Subsurface Flow Contribution in the Hydrological
Cycle: Lessons Learned and Challenges Ahead-A Review, 69 ENVTL. EARTH SCI. 707, 708 (2013).
    2.  Id.
    3.  Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors as Trs. of Drainage
Dists. 32, 42, 65, 79, 81, 83, 86, No. 5:15-cv-04020, 2015 WL 1191173 (N.D. Iowa filed Mar. 16,
2015).


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