United States
Environmental Protection
Agency
Chesapeake Bay Program
Annapolis MD 21403
Research and Development
EPA-600/S3-82-088  Feb. 1983
Project Summary
Governing  Chesapeake Waters:
A  History of Water  Quality
Controls  on  Chesapeake  Bay,
1607  -  1972
 John Capper, Garrett Power, and Frank R. Shivers
  The Chesapeake Bay has been called
 the most studied and best understood
 estuary in the United States. Yet it is
 practically unexamined in the areas of
 the social sciences and the humanities.
 The many planning documents, of
 which  the  Corps  of Engineers'
 Chesapeake Bay Study is the largest,
 are general compilations of information
 and issues rather than original pieces of
 research.
  As a result, the present study has had
 the benefit of little scholarship to point
 the way. For example, there is nowhere
 even a simple compilation or listing of
 the  state agencies  that have  been
 involved with the Bay over time. The
 records of what the government has
 been doing with the Bay, written as they
 are in varying documents and scattered
 in various  libraries in both Virginia and
 Maryland, have not found their way into
 the numerous bibliographies that have
 been assembled for the Bay. And the
 relationship of the governments in both
 states  to the  Bay  is  imperfectly
 documented. In • Virginia,  the  State
 Water  Control Board did not produce
 annual reports until 1972,  the cutoff
 date for this study. In  Maryland, the
 reports of water quality agencies tend
 to  be  perfunctory and  repetitive and
 give little  indication of the real issues
 facing the agencies over the years. The
 researcher is forced  to approach his
 material   as though he  were  an
 archeologist, finding a few shards here,
 a few bone fragments there.  Piecing
 together a coherent  story out of the
 fragments requires a certain amount of
 logic, a workable hypothesis about the
 overall nature of the creature to  be
 described, and some theories about
 how the evidence fits together.
  This report  has relied  primarily  on
 written  sources. Those proving most
 fruitful have been the annual reports of
 various state agencies, the occasional
 reports of study commissions and blue
 ribbon panels, and the codes, statutes,
 and case law of the two states. Agency
 files proved difficult to use because
 they  are boxed and stored, full  of
 irrevelant material,  unorganized, and
 uncataloged.
  Use  has  also been made of  the
 abundant collections of newspaper files
 in libraries. While newspaper articles
 may have questionable accuracy, they
 identify key issues and  place them
 definitively  in  time. Without them,
 numerous controversies, left only to the
 official  archivists,  would   go
 unrecorded. In this study, information
 from newspapers gives  a  sample of
 issues and shows the broad trends in
 water quality awareness.
  Another useful  source  has been
 feature articles in magazines. These are
 particularly useful, because they both
 reflect and partially shape  the public
 attitudes toward the Bay. Changes in
 these  attitudes provide  data  used
 throughout the report.
  Last, the personal experience of John
 Capper has been drawn on. Mr. Capper
 worked as a planner for the Department
 of Chesapeake Bay Affairs of the State
 of Maryland from 1968 through 1972.
  This Project Summary was developed
 by  EPA's Chesapeake Bay Program.
 Annapolis. MD, to announce key find-

-------
  ings of the research project that is fully
  documented in a separate report of the
  same title (see Project Report ordering
  information at back).
  Introduction
    Although tens  of  millions  of  dollars
  have been spent during the twentieth
  century for studies of the environmental
  quality of the Chesapeake Bay estuarine
  system, little attention  has been  paid to
  examination of the political, cultural, and
  economic character of Bay governance.
    As part of the Congressional mandate
  establishing   the   Chesapeake  Bay
  Program  (CBP),  the  Environmental
  Protection Agency (EPA) was directed to
  review regional agencies responsible for
  Chesapeake Bay management, issues of
  concern in the region, and factors that
  must be considered  in future programs
  developed  for  management  of
  Chesapeake Bay environmental quality.
    This  report  discusses the  physical,
  chemical,  biological, and  engineering
  aspects  of the Bay in the context of
  political, cultural, and  economic  events
  which occurred  nationally and  in the
  region  between  1607 and  1972. The
  objective   is  to  present  the  debate
  concerning Chesapeake  Bay  quality as
  expressed through  changes  in  public
  opinion within the region and how public
  attitude influenced the  political process.
  Methodology
    The authors drew on their expertise in
  the  areas of  resource  planning,
  legislation, and Chesapeake Bay history
  to construct a temporal characterization
  of how the concept of  water quality has
  been  defined and managed  in  the
       Chesapeake Bay basin. In many respects,
       the  authors describe the  history of
       Chesapeake Bay uses and h6w priority for
       specific uses was established through
       the legislative process.
         The authors, for the most part, relied on
       written sources such as reports from
       study commissions, legislation, case law,
       and,   in  some  instances,   regulatory
       agency files to describe important issues
       which surfaced in the region during the
       400 year recorded history o^f the Bay. The
       evolution  of  Bay   management  is
       presented within the contekt of four eras:
       Colonial times to the turn cj>f the century,
       1900 to World War II, Wbrld War II to
       1960, and 1960 to 1972.
Conclusions

  It  is  concluded  that  prior  to  the
twentieth century the Chesapeake  Bay
management  focus  was  primarily
concerned  with  protection  of  public
health  and  fisheries marketability. Only
recently has the public initiated efforts to
establish regulatory authorities directed
toward  enhancing  or protecting
Chesapeake  Bay  water  quality.  The
authors maintain,  however,  that  Bay
government agencies often are  acting
merely in response to public opinion and
political pressure rather than following a
course based on thoughtful analysis of
environmental and economic conditions.
          John Capper, Garrett Power, and Frank R. Shivers are with the University of
            Maryland, Baltimore, MD 21201.
          David A. Flemer is the EPA Project Officer (see below).
          The complete report, entitled "Governing Chesapeake Waters: A History of
            Water Quality Controls on Chesapeake Bay, 1607-1972,"(Order No. PB 83-
            114 785; Cost: $16.00, subject to change) will be available only from:
                  National Technical Information Service
                  5285 Port Royal Road
                  Springfield.  VA 22161
                  Telephone: 70^-487-4650
          The EPA Project Officei can be contacted at:
                  Chesapeake B,iy Program
                  2083 West Stieet. Suite 5G
                  Annapolis, M& 21403
                               if U.S. GOVERNMENT PRINTING OFFICE. 1983	 659-O17/O894
United States
Environmental Protection
Agency
Center for Environmental Research
Information
Cincinnati OH 45268
                Postage and
                Fees Paid
                Environmental
                Protection
                Agency
                EPA 335
Official Business
Penalty for Private Use $300
                                  5  LIBRARY
                             S  DEARBORN  STHEtT
                       CHICAGO  IL  60604

-------