Shallow groundwater flow in the critical zone of steep headwater mountain catchments is often assumed to mimic surface topography. However, groundwater flow is influenced by other variables, such as the elevation of the water table and subsurface hydraulic conductivity, which can result in temporal variations in both magnitude and direction of flow. In this study, I investigated the temporal variability of groundwater flow in the soil zone (solum) within the critical zone of a headwater catchment at the Hubbard Brook Experimental Forest in North Woodstock, NH. Groundwater levels were continuously monitored throughout several seasons (March 2019 to Jan 2020) in a network of wells comprising three hillslope transects within the upper hillslopes of the catchment. Five clusters of three wells per cluster were screened from 0.18 – 1.1 m depth at the base of the solum. Water levels were also monitored in five deeper wells, screened from 2.4 - 6.9 m depth within glacial sediments of the C horizon. I conducted 47 slug tests across the well network to determine hydraulic properties of the aquifer materials surrounding each well. In addition, our team conducted a large-scale auger investigation mapping soil horizon depths and thicknesses. Results show that the magnitude of hydraulic gradients and subsurface hydrologic fluxes varied at each site with respect to changing water-table elevation, having a maximum range of 0.12 m/m and 9.19 x 10-6 m/s, respectively. The direction of groundwater flow had an arithmetic mean deviating from surface topography by 2-10 degrees, and a total range that deviated from surface topography by as much as 51 degrees. During lower water table regimes, groundwater flow direction deviated from the ground surface, but under higher water table regimes, in response to recharge events, flow direction mimicked surface topography. Within most of the well clusters, there is an observable connection between the slope direction of the top of the C horizon and the direction of groundwater flow during lower water table regimes. Slug test results show the interquartile range of saturated hydraulic conductivity (Ksat) within the C horizon (1.5×10-7 to 9.8×10-7 m/s) is two orders of magnitude lower than the interquartile range of Ksat values within the solum (2.9×10-5 to 5.2×10-5 m/s). Thus, the C horizon is on average a confining unit relative to the solum that may constrict groundwater flow below the solum. Additionally, results from the larger scale auger investigation suggest that deviations in subsurface topography of the C horizon may be generalizable at the larger hillslope scale. Overall, these results indicate that 1) shallow groundwater flow direction and magnitude within this headwater catchment are dynamic and can deviate from surface topography, and 2) the subsurface topography of the C horizon can influence groundwater flow direction. These results imply that temporal dynamics of groundwater flow direction and magnitude should be considered when characterizing subsurface flow in critical zone studies. Additionally, knowledge of subsurface topography of confining units may provide constraints on the temporal variability of groundwater flow direction. / M.S. / Streams that originate at higher elevations (defined as headwater streams) are important drinking water sources and deliver water and nutrients to maintain freshwater ecosystems. Groundwater is a major source of water to these streams, but little is known about how groundwater flows in these areas. Scientists delineate watersheds (areas of land that drain water to the same point) using surface topography. This approach works well for surface water, but not as well for groundwater, as groundwater may not flow in the same direction as surface water. Thus, assuming that the ground-watershed is the same as the surface watershed can lead to errors in hydrologic studies. To obtain more accurate information about groundwater flow in headwater areas, I continuously measured groundwater levels in forest soils at the Hubbard Brook Experimental Forest in North Woodstock, NH. My main objective was to determine if there is variability in the direction and amount of groundwater flow. I also measured the characteristics of the soils to identify the thicknesses of soil units and the permeability of those units. I used these data to evaluate the relationship between groundwater flow direction, surface topography, and the permeability of soil units. Overall, I found that groundwater flow direction can differ significantly from surface topography, and groundwater flow direction was influenced by the groundwater levels. When groundwater levels were high (closer to the land surface), groundwater flow was generally in the same direction as surface topography. However, when groundwater levels were lower, flow direction typically followed the slope of the lowest permeability soil unit. These results suggest that scientists should not assume that groundwater flow follows the land surface topography and should directly measure groundwater levels to determine flow direction. In addition, results from this study show that characterizing soil permeability can help scientists make more accurate measurements of groundwater flow.

Thesis (Ph.D. (Estate Law))--North-West University, Potchefstroom Campus, 2007.

The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA} is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the new mineral law dispensation. Through the provisions of the said section, new concepts are introduced to the field of mineral law previously governed by the South African common law system of private ownership, based on Roman-Dutch principles. The study focused on section 3 of the MPRDA and the consequences ensuing from its implementation. Consequently, a historical overview of the development of South African mineral law was followed by an exposition of the development of the constitutional property concept. It was concluded that mineral rights from the previous dispensation constitute property protected by section 25 of the Constitution. It was also found that the development encapsulated in the MPRDA in respect of the ownership of the country's unsevered minerals, is indicative of the decline of private property. It is substituted by a line of thought which recognises that certain interests 'are held in common' by the nation. This idea is also found in inter alia the National Water Act 36 of 1998 and the National Environmental Management Act 107 of 1998. This led to the next section of the research where the concept of custodial sovereignty as manifested in the Anglo-American public trust doctrine was studied. It was apparent that the public trust doctrine is a legal construct whereby ownership of certain assets vests in the state, to be administered on behalf of the nation and generations yet to come. The historical survey of the Roman concepts of res publicae and res omnium communes indicated that although this doctrine is not part of South Africa's common law heritage, principles underlying the doctrine found application in South African law in respect of the seashore. The conclusion was reached that the doctrine has indeed been incorporated in South African mineral law by the MPRDA, constituting a new mineral law regime in the country. Due to the fact that a new mineral law dispensation was introduced, mineral rights as they existed in the previous mineral law dispensation were annihilated. It was, therefore, necessary to determine whether this annihilation resulted in the expropriation of property. Consequently the content of the concept 'expropriation' was studied in order to determine whether the previously held mineral rights were expropriated. The study indicated that expropriation entails the acquisition of property by the state, but that ample room exists for the development of the concept of constructive expropriation. Based on the information gained on the concept of expropriation, the consequences ensuing from the MPRDA for the holders of common law mineral rights and old order rights and the impact of the MPRDA on ownership of landowners were analysed. It was indicated that the extent of the deprivation brought about by the MPRDA varies between expropriation and the regulation of mining activities. The significance of section 3 of the MPRDA for the people of South Africa was analysed and it was found that the newly introduced doctrine can be applied to the advantage of the nation as a whole. A separate section of the research entailed a limited comparative analysis of Canadian mining law that focused on constitutional jurisdiction over minerals in the Canadian mining regime and the taking of property interests in minerals. It is proposed that the South African expropriation concept should develop along the lines followed in Canadian jurisprudence. After considering the abovementioned aspects, the final conclusion of the study is that the concepts introduced by and the consequences emanating from the implementation of section 3 of the MPRDA are constitutionally justifiable. / Thesis (LL.D (Indigenous Law)) -- North-West University, Potchefstroom Campus, 2007.

The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA} is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the new mineral law dispensation. Through the provisions of the said section, new concepts are introduced to the field of mineral law previously governed by the South African common law system of private ownership, based on Roman-Dutch principles. The study focused on section 3 of the MPRDA and the consequences ensuing from its implementation. Consequently, a historical overview of the development of South African mineral law was followed by an exposition of the development of the constitutional property concept. It was concluded that mineral rights from the previous dispensation constitute property protected by section 25 of the Constitution. It was also found that the development encapsulated in the MPRDA in respect of the ownership of the country's unsevered minerals, is indicative of the decline of private property. It is substituted by a line of thought which recognises that certain interests 'are held in common' by the nation. This idea is also found in inter alia the National Water Act 36 of 1998 and the National Environmental Management Act 107 of 1998. This led to the next section of the research where the concept of custodial sovereignty as manifested in the Anglo-American public trust doctrine was studied. It was apparent that the public trust doctrine is a legal construct whereby ownership of certain assets vests in the state, to be administered on behalf of the nation and generations yet to come. The historical survey of the Roman concepts of res publicae and res omnium communes indicated that although this doctrine is not part of South Africa's common law heritage, principles underlying the doctrine found application in South African law in respect of the seashore. The conclusion was reached that the doctrine has indeed been incorporated in South African mineral law by the MPRDA, constituting a new mineral law regime in the country. Due to the fact that a new mineral law dispensation was introduced, mineral rights as they existed in the previous mineral law dispensation were annihilated. It was, therefore, necessary to determine whether this annihilation resulted in the expropriation of property. Consequently the content of the concept 'expropriation' was studied in order to determine whether the previously held mineral rights were expropriated. The study indicated that expropriation entails the acquisition of property by the state, but that ample room exists for the development of the concept of constructive expropriation. Based on the information gained on the concept of expropriation, the consequences ensuing from the MPRDA for the holders of common law mineral rights and old order rights and the impact of the MPRDA on ownership of landowners were analysed. It was indicated that the extent of the deprivation brought about by the MPRDA varies between expropriation and the regulation of mining activities. The significance of section 3 of the MPRDA for the people of South Africa was analysed and it was found that the newly introduced doctrine can be applied to the advantage of the nation as a whole. A separate section of the research entailed a limited comparative analysis of Canadian mining law that focused on constitutional jurisdiction over minerals in the Canadian mining regime and the taking of property interests in minerals. It is proposed that the South African expropriation concept should develop along the lines followed in Canadian jurisprudence. After considering the abovementioned aspects, the final conclusion of the study is that the concepts introduced by and the consequences emanating from the implementation of section 3 of the MPRDA are constitutionally justifiable. / Thesis (LL.D (Indigenous Law)) -- North-West University, Potchefstroom Campus, 2007.