Options to Address Nutrient Options to Address Nutrient Pollution Pollution

from Agricultural Drainagefrom Agricultural Drainage

Jan Goldman-CarterJan Goldman-Cartergoldmancarterj@nwf.org

Presenter and contributorPresenter and contributor

Laura Bryant, lead authorLaura Bryant, lead author

““Agricultural drainage plays a major role in Agricultural drainage plays a major role in transporting nitrate from cropland to streams in transporting nitrate from cropland to streams in the MRB.” USGSthe MRB.” USGS

The Problem: Tile and Ditch Drainage

ChallengesChallenges• Nutrient pollution reduction solutions must drive significant, Nutrient pollution reduction solutions must drive significant,

measurable nutrient pollution reductions.measurable nutrient pollution reductions.

• While accomodating variable and complex conditions:While accomodating variable and complex conditions:• Geography, climate, soils, slope; Cropping systems; Geography, climate, soils, slope; Cropping systems;

Farm ownership and operationsFarm ownership and operations

• Current strictly voluntary BMP frameworks -- without Current strictly voluntary BMP frameworks -- without financial support or public accountability – are not financial support or public accountability – are not sufficient to achieve needed WQ improvement.sufficient to achieve needed WQ improvement.

• Effective performance-based approaches require better Effective performance-based approaches require better information: drainage and conservation practices, information: drainage and conservation practices, monitoring, measurement, and modeling tools.monitoring, measurement, and modeling tools.

• Producer costs, risk, acceptance; public BMPS, Producer costs, risk, acceptance; public BMPS, monitoring costs monitoring costs

Summer 2014 Roundtable and NWF White Paper

Potential Solutions: Best Management Potential Solutions: Best Management PracticesPractices

-- A Few updates to caveats and updates:-- A Few updates to caveats and updates:

Potential Solutions: Best Management Practices-- A Few updates to caveats and updates:

• Bioreactors: Bypass during high flow events• Constructed Wetlands: Costs vary widely but can be > $14.5 K /treated acre; FSA reimbursements not keeping pace; restored wetlands should be further evaluated.• Nutrient Management: Nutrient reduction effectiveness questioned.• Saturated Buffers: Promising; 55% N reductions (w/o bypass), low implementation costs; producer acceptance.

Potential Solutions: Policy Approaches for BMP Implementation-- A few updates and additions:

Policy Approaches for BMP ImplementationPolicy Approaches for BMP Implementation

-- A few updates and additions:-- A few updates and additions:

MN AG WQ Certification: 5/15: 41 farms representing more than 23,000 acres of land; more than 145 new WQ conservation practices; goal to be statewide in 2016.

2015 MN Stream Buffer Law: @ 110,000 acres of MN land for water quality buffer strips; new perennial vegetation buffers of up to 50 feet along rivers, streams, and ditches to filter out phosphorus, nitrogen, and sediment; provides flexibility and financial support for landowners to install and maintain buffers, and boost compliance with buffer laws across Minnesota.

Des Moines Water Works Clean Water Act Lawsuit: TBD

Policy Approaches for BMP ImplementationPolicy Approaches for BMP Implementation

-- A few updates and additions:-- A few updates and additions:Lake Champlain Agricultural Pollution Tax: remove tax exemption for high polluters

Western Lake Erie Nutrient Pollution Agreement: OH, MI, Ontario to reduce nutrient pollution by 40% in 10 years, 20% by 2020. Responding to Toledo’s water crisis of last year, Gov. John Kasich led the agreement. Goals but no road map for getting there. 2015 Ohio Senate Bill 1 passes: increases regulation on farm runoff, particularly fertilizers and manure — the major Lake Erie pollutants.Western Lake Erie TMDL -- TBD

Lake Erie TMDL?

Watershed Governance

Watershed Governance: Drainage Districts?• Tile and surface drainage systems largely governed by

drainage districts – local boards authorized by state law

• Districts manage siting of tile drainage outlets on the land and maintain district-wide surface drainage systems that collect flows from tile drainage outlets.

Iowa Drainage Districts:Authorization: A constitutional provision added to Iowa law in 1908; power to “construct and maintain levees, drains and ditches and to keep in repair all drains, ditches and levees …”Status: Over 3000 drainage districts in IowaGeneration: Petition to the county Board of SupervisorsFunding: Paid for by property tax on land within the districtManagement: Most districts managed by county board

Watershed Governance: Drainage Districts?Drainage districts could be valuable partners in mitigating

the negative impacts of tile drainage, but it could be extremely difficult to enlist their support.

• Little or no responsibilities for impacts of tile drainage on local water quality, except perhaps for flood control.

• The Iowa Drainage District Association quoting state law: “The Drainage of surface waters from agricultural lands and all other lands or the protection of such lands from overflow shall be presumed to be a public benefit and conducive to the public health, convenience and welfare.” The role of tile and surface drainage in nutrient pollution is not acknowledged publicly.

Addressing Nutrient Pollution from Agricultural Drainage: Addressing Nutrient Pollution from Agricultural Drainage: Key FindingsKey Findings

• More public info re status of conservation practices, More public info re status of conservation practices, extent, location of drainage, amt of N, P discharged extent, location of drainage, amt of N, P discharged from private drains to community drains and from private drains to community drains and downstream in target watersheds. downstream in target watersheds.

• Tools to assess P pathways and loss in tile systems; Tools to assess P pathways and loss in tile systems; tools to model N, P reduction for each WQ BMP, tools to model N, P reduction for each WQ BMP, including at the field level. Encourage development and including at the field level. Encourage development and distribution by USDA, USGS?distribution by USDA, USGS?

• Encourage implementation of performance based pilot Encourage implementation of performance based pilot programs with monitoring that allows for measuring programs with monitoring that allows for measuring nutrient pollution reduction at a small watershed scale.nutrient pollution reduction at a small watershed scale.

Addressing Nutrient Pollution from Agricultural Drainage: Addressing Nutrient Pollution from Agricultural Drainage: Key FindingsKey Findings

• Encourage research comparing performance-based, Encourage research comparing performance-based, practice-based policies in the MRB, paired watershed practice-based policies in the MRB, paired watershed studies.studies.

• Nutrient reduction strategies should set a goal of Nutrient reduction strategies should set a goal of installing at least one structural practice (WQ BMP) on installing at least one structural practice (WQ BMP) on every drainage outlet reaching streams.every drainage outlet reaching streams.

• Expand financial, technical assistance, infrastructure to Expand financial, technical assistance, infrastructure to encourage cover crops, diverse perennial crops; encourage cover crops, diverse perennial crops; constructed and restored wetlands; saturated buffers. constructed and restored wetlands; saturated buffers.

Addressing Nutrient Pollution from Agricultural Drainage: Addressing Nutrient Pollution from Agricultural Drainage: Key FindingsKey Findings

• Agricultural certification programs increase producer Agricultural certification programs increase producer education, engagement, investment in WQ education, engagement, investment in WQ improvement conservation practices; tie effective improvement conservation practices; tie effective certification to sustainable food supply chain to help certification to sustainable food supply chain to help finance WQ conservation practices. finance WQ conservation practices.

• Further develop policy approach setting quantitative Further develop policy approach setting quantitative nutrient reduction goals and binding water quality nutrient reduction goals and binding water quality standards at larger watershed scales in the MRB, but standards at larger watershed scales in the MRB, but allow smaller watersheds, ideally through smaller allow smaller watersheds, ideally through smaller watershed governance, the flexibility to find best watershed governance, the flexibility to find best approach to achieve those goals and standards through approach to achieve those goals and standards through a combination of regulations, performance-based a combination of regulations, performance-based standards, and voluntary incentives.standards, and voluntary incentives.

Options to Address Nutrient Options to Address Nutrient Pollution Pollution

from Agricultural Drainagefrom Agricultural Drainage

Jan Goldman-CarterJan Goldman-Cartergoldmancarterj@nwf.org

Presenter and contributorPresenter and contributor

Laura Bryant, lead authorLaura Bryant, lead author