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Article

Renata Rimšaitė and Nicholas Brozović

The High Plains Aquifer is the largest aquifer in the United States and the major source of groundwater withdrawals in the region. Although regionally abundant, groundwater availability for agriculture and other uses is not uniform across the area. Three separate states comprising the most significant portion of the aquifer have distinct climate and hydrologic characteristics, water law systems, and institutional groundwater governance leading to different concerns about water policy issues across the area. The northern, largest, and most saturated part of the High Plains Aquifer is located under Nebraska. The state has the largest irrigated area in the United States, most of which is groundwater irrigated. Nebraska is the home of the largest companies in the center pivot irrigation industry. Center pivot technology has had a fundamental role in expanding groundwater-fed irrigation. Nebraska is not free from groundwater depletion issues, but these issues are more important in central and south-central parts of the aquifer underlying large, primarily agricultural, lands of Kansas and Texas. The natural aquifer recharge is much lower in the south-central parts of the region, which has caused large groundwater extractions to have more significant water declines than in Nebraska. In the United States, the greatest portion of water quantity management regulatory oversight is left to individual states and local government agencies. Each of the three states has a unique legal system, which highly influences the framework of groundwater management locally. In Nebraska, groundwater is governed following two doctrines: correlative and reasonable use, which, in times of water shortage, lead to a proportional reduction of everyone’s allocation. Kansas uses the prior appropriation doctrine to manage groundwater, which applies the seniority principle when there is scarcity in water availability, making junior water rights holders bear the greatest risk. The absolute ownership doctrine is used to govern groundwater in Texas, which allows landowners to drill wells on their property and extract as much water as needed. Institutional groundwater governance in Nebraska is performed by the system of 25 locally elected Natural Resources Districts having full regulatory power to manage the state’s groundwater. The local governments use a variety of regulatory and incentive-based groundwater management tools to achieve local groundwater management goals. In Kansas, the Chief Engineer in the Kansas Department of Agriculture is in charge of water administration for the state. The Kansas legislature established five Groundwater Management Districts to address groundwater depletion issues, which can make policy recommendations but do not have the power to regulate. Groundwater Conservation Districts were created in Texas to provide protection from uncontrolled water mining in the state. The districts gained more power to regulate and enforce rules over time; however, significant groundwater depletion issues remain. Multiple lessons have been learned across the region since the beginning of groundwater development. Some of these could be applied in other areas seeking to address negative consequences of groundwater use. Forward-looking perspectives about groundwater management in the region vary from strong government-led solutions in Nebraska to various producer-initiated innovative approaches in Kansas and Texas.

Article

The sharing of transboundary water resources, whether surface or groundwater, is a significant challenge, both in theory and practice. Countries in situations of sharing these natural resources are predisposed to interact with each other. These interactions, here called transboundary water interactions, are characterized by the coexistence of cooperation and conflict, which can arise at different governance levels. However, negotiations around transboundary water resources primarily occur between diplomats and high government members from riparian countries and river basin organization (RBO) managers. Transboundary water negotiations are usually considered high-level political discussions, given the complexity and scale of the water challenges. Consequently, decision-making processes incorporate only a limited number of participants, who make decisions capable of impacting the entire population that depend on the shared waters. Over the last 20 years, there has been a need for greater transparency and a participatory process in transboundary water negotiations, especially for local community engagement and collaboration in these processes. Many of the negotiation processes around transboundary water resources need the participation of municipalities and local populations, concomitant with the involvement of RBOs, to carry out decisions to manage transboundary waters in an integrated manner. There are several reasons for this demand, including negotiation effectiveness, contestation prevention, data sharing, ensuring continuing participation and collaboration, and promoting public awareness related to water resources. Discussing social participation, particularly in the management of transboundary water resources, requires attention to the historical context and its constraints. Considering the enormous challenge, the experiences of local community engagement in transboundary water negotiations in South America, especially from the Guarani Aquifer and the La Plata Basin, are good examples for improving this discussion around transboundary water interactions and local community engagement. The La Plata Basin is the second-largest transboundary basin in the continent, shared by Argentina, Bolivia, Brazil, Uruguay, and Paraguay, while the Guarani Aquifer is one of the largest reservoirs of freshwater worldwide, shared by Argentina, Brazil, Paraguay, and Uruguay. Even with both having cooperation agreements in place between the riparian states, there are still great difficulties with regard to the participation of local communities in transboundary water negotiations.

Article

Erin O'Donnell and Elizabeth Macpherson

In settler colonial states like Australia and Aotearoa New Zealand, water for the environment and the water rights of Indigenous Peoples often share the common experience of being too little and too late. Water pathways have been constrained and defined by settler colonialism, and as a result, settler state water law has both a legitimacy problem, in failing to acknowledge or implement the rights of Indigenous Peoples, and a sustainability problem, as the health of water systems continues to decline. In both Australia and Aotearoa New Zealand, the focus of water law has historically been to facilitate use of the water resource to support economic development, excluding the rights of Indigenous Peoples and poorly protecting water ecosystems. However, in the early 21st century, both countries made significant advances in recognizing the needs of the environment and the rights of Indigenous Peoples. In Aotearoa New Zealand, Te Tiriti o Waitangi (the Treaty of Waitangi) provides an important bicultural and bijural framework that is beginning to influence water management. In 2017, as part of a Treaty dispute settlement, Aotearoa New Zealand passed legislation to recognize Te Awa Tupua (the Whanganui River) as a legal person and created a new collaborative governance regime for the river, embedding the interests and values of Māori at the heart of river management. In Australia, water recovery processes to increase environmental flows have been under way since the 1990s, using a combination of water buybacks and water savings through increased efficiency. There has been growing awareness of Indigenous water rights in Australia, although progress to formally return water rights to Indigenous Peoples remains glacially slow. Like Aotearoa New Zealand, in 2017, Australia also passed its first legislation that recognized a river (the Birrarung/Yarra River) as a living entity and, in doing so, formally recognized the responsibilities of the Wurundjeri Woi Wurrung people as Traditional Owners of the river. This trend toward more holistic river management under a relational paradigm, in which the relationships between peoples and places are centered and celebrated, creates a genuine opportunity for water governance in settler states that begins to address both the legitimacy and sustainability flaws in settler state water law. However, these symbolic shifts must be underpinned by relationships of genuine trust between Indigenous Peoples and the state, and they require significant investment from the state in their implementation.

Article

If there is too little or too much water, farmers may be able to work together to control water and grow more food. Even before the rise of cities and states, people living in ancient settlements cooperated to create better growing conditions for useful plants and animals by diverting, retaining, or draining water. Local collective action by farmers continued to play a major role in managing water for agriculture, including in later times and places when rulers sometimes also organized construction of dams, dikes, and canals. Comparative research on long-lasting irrigation communities and local governance of natural resources has found immense diversity in management rules tailored to the variety of local conditions. Within this diversity, Elinor Ostrom identified shared principles of institutional design: clear social and physical boundaries; fit between rules and local conditions, including proportionality in sharing costs and benefits; user participation in modifying rules; monitoring by users or those accountable to them; graduated sanctions to enforce rules; low-cost conflict resolution; government tolerance or support for self-governance; and nested organizations. During the 19th and 20th centuries, centralized bureaucracies constructed many large irrigation schemes. Farmers were typically expected to handle local operation and maintenance and comply with centralized management. Postcolonial international development finance for irrigation and drainage systems usually flowed through national bureaucracies, strengthening top-down control of infrastructure and water management. Pilot projects in the 1970s in the Philippines and Sri Lanka inspired internationally funded efforts to promote participatory irrigation management in many countries. More ambitious reforms for transfer of irrigation management to water user associations (WUAs) drew on examples in Colombia, Mexico, Turkey, and elsewhere. These reforms have shown the feasibility in some cases of changing policies and practices to involve irrigators more closely in decisions about design, construction, and some aspects of operation and maintenance, including cooperation in scheme-level co-management. However, WUAs and associated institutional reforms are clearly not panaceas and have diverse results depending on context and on contingencies of implementation. Areas of mixed or limited impact and for potential improvement include performance in delivering water; maintaining infrastructure; mobilizing local resources; sustaining organizations after project interventions; and enhancing social inclusion and equity in terms of multiple uses of water, gender, age, ethnicity, poverty, land tenure, and other social differences. Cooperation in managing water for agriculture can contribute to coping with present and future challenges, including growing more food to meet rising demand; competition for water between agriculture, industry, cities, and the environment; increasing drought, flood, and temperatures due to climate change; social and economic shifts in rural areas, including outmigration and diversification of livelihoods; and the pursuit of environmental sustainability.

Article

Larry Swatuk and Adnan Ibne Abdul Qader

Integrated water resources management (IWRM) was introduced as a conceptual solution to solve complicated problems of water management; however, since its inception, practitioners remain divided on its utility. Critics argue that it lacks practicable and working examples and that ongoing support is tantamount to little more than an ideological position. Supporters counsel patience and point to a variety of positive—if partial—outcomes, while aiming to address some of the most meaningful criticisms involving the devolution of decision-making authority, stakeholder participation, and gender mainstreaming. While the notion of “integrated management” resonates positively across the water world, critics and supporters alike are quick to note that in application it will play out differently depending on physical, sociocultural, economic, and political factors. Put differently, while the idea has universal appeal, the means and methods of achieving IWRM will vary. Comparative analysis reveals some common characteristics of performance well known across the development industry. In particular, direct engagement of resource users from project and program conception through to implementation, monitoring, and evaluation increases the likelihood of long-term positive outcomes. In contrast, top-down, elite-driven actions are likely to be resisted. Far from a panacea, IWRM is most usefully regarded as a “sensibility,” offering practitioners a set of signposts to guide actions and loose parameters within which to set policy.

Article

Economics conceptualizes harmful effects to the environment as negative externalities that can be internalized through implementation of policies involving regulatory and market-based mechanisms, and behavioral economic interventions. However, effective policy will require knowledge and understanding of intended and unintended stakeholder behaviors and consequences and the context in which the policy will be implemented. This mandate is nontrivial since policies once implemented can be hard to reverse and often have irreversible consequences in the short and/or long run, leading to high social costs. Experimental economics (often in combination with other empirical evaluation methods) can help by testing policies and their impacts prior to modification of current policies, and design and implementation of new ones. Such experimental evaluation can include lab and field experiments, and choice experiments. Additionally, experimental policy evaluation should pay attention to scaling up problems and the ethical ramifications of the treatment. This would ensure that the experimental findings will remain relevant when rolled out to bigger populations (hence retaining policy makers’ interest in the method and evidence generated by it), and the treatment to internalize the externality will not create or exacerbate societal disparities and ethical challenges.

Article

Rupert Quentin Grafton, James Horne, and Sarah A. Wheeler

Global water extractions from streams, rivers, lakes, and aquifers are continuously increasing, yet some four billion people already face severe water scarcity for at least one month per year. Deteriorating water security will, in the absence in how water is governed, get worse with climate change, as modeling projections indicate that much of the world’s arid and semiarid locations will receive less rainfall into the future. Concomitant with climate change is a growing world population, expected to be about 10 billion by 2050, that will greatly increase the global food demand, but this demand cannot be met without increased food production that depends on an adequate supply of water for agriculture. This poses a global challenge: How to ensure immediate and priority needs (such as safe drinking water) are satisfied without compromising future water security and the long-term sustainability of freshwater ecosystems? An effective and sustainable response must resolve the “who gets what water and when” water allocation problem and promote water justice. Many decision makers, however, act as if gross inequities in water access can be managed by “business as usual” and upgrades in water infrastructure alone. But much more is needed if the world is to achieve its Sustainable Development Goal of “water and sanitation for all” by 2030. Transformational change is required such that the price paid for water by users includes the economic costs of supply and use and the multiple values of water. Water markets in relation to physical volumes of water offer one approach, among others, that can potentially deliver transformational change by: (a) providing economic incentives to promote water conservation and (b) allowing water to be voluntarily transferred among competing users and uses (including non-uses for the environment and uses that support cultural values) to increase the total economic value from water. Realizing the full potential of water markets, however, is a challenge, and formal water markets require adequate regulatory oversight. Such oversight, at a minimum, must ensure: (a) the metering, monitoring, and compliance of water users and catchment-scale water auditing; (b) active compliance to protect both buyers and sellers from market manipulations; and (c) a judiciary system that supports the regulatory rules and punishes noncompliance. In many countries, the institutional and water governance framework is not yet sufficiently developed for water markets. In some countries, such as Australia, China, Spain, and the United States, the conditions do exist for successful water markets, but ongoing improvements are still needed as circumstances change in relation to water users and uses, institutions, and the environment. Importantly, into the future, water markets must be designed and redesigned to promote both water security and water justice. Without a paradigm shift in how water is governed, and that includes rethinking water markets to support efficiency and equitable access, billions of people will face increasing risks to their livelihoods and lives and many fresh-water environments will face the risk of catastrophic decline.

Article

Yoshika S. Crider and Isha Ray

The large and multidisciplinary literature on water for domestic use and gender has two primary foci: (1) the negative health and well-being impacts of inadequate access to safe water, and (2) the effects of women’s participation in water allocation and management decisions. These foci are reflected in both the research and policy literatures. Smaller bodies of work exist on water and social power, and on nonmaterial values and meanings of water. The term “gender” refers to the socially constructed roles and identities of girls, women, boys, men, and nonbinary people, but the literature on water and gender to date is mainly concerned with women and girls, on whom inadequate water access places a disproportionate burden. The water and health literature during the Millennium Development Goals era focused overwhelmingly on the consequences of unsafe drinking water for child health, while paying less attention to the health of the water carriers and managers. Studies on women’s participation in water-related decisions in the household or community were (and to some extent remain) mixed with respect to their effects on equity, access, and empowerment. Both the health and participation strands often assumed, implicitly or explicitly, that water work was women’s work. Yet data on access was mainly collected and presented by household or community, with little effort to disaggregate access and use by gender. In keeping with the spirit of the Sustainable Development Goals, the post-2015 literature has gone beyond a focus on infectious diseases to include the psychosocial stresses of coping with unreliable or inadequate water supplies. These stresses are acknowledged to fall disproportionately on women. A relatively small literature exists on the health impacts of carrying heavy loads of water and on the hard choices to be made when safe water is scarce. The negative impacts of inadequate domestic water access on girls’ education opportunities, on the safety of those who walk long distances to collect water, and on family conflicts have also been studied. Access is being defined beyond the household to prioritize safe water availability in schools and in healthcare facilities, both of which serve vulnerable populations. Both are institutional settings with a majority-female workforce. The definition of domestic water post-2015 has also broadened beyond drinking water to include water for cooking, sanitation, and basic hygiene, all of which particularly concern women’s well-being. Intersectionality with respect to gender, class, ability, and ethnicity has started to inform research, in particular research influenced by feminist political ecology and/or indigenous values of water. Political ecology has drawn attention to structural inequalities and their consequences for water access, a perspective that is upstream of public health’s concerns with health impacts. Research on participation is being augmented with studies of leadership and decision-making, both within communities as well as within the water sector. Critical studies of gender, water, and participation have argued that development agencies can limit modes of participation to those that “fit” their larger goals, e.g., efficiency and cost-recovery in drinking water systems. Studies have also analyzed the gendered burden of paying for safe water, especially as the pressure for cost recovery has grown within urban water policy. These are significant and growing new directions that acknowledge the breadth and complexities of the gender and water world; they do not simply call for gender-disaggregated data but attempt, albeit imperfectly, to take water research towards the recognition of gender justice as a foundation for water justice for all.

Article

Carbon has been part of the Earth since its beginning, and the carbon cycle is well understood. However, its abundance in the atmosphere has become a problem. Those who propose solutions in decentralized market economies often prefer economic incentives to direct government regulation. Carbon cap-and-trade programs and carbon tax programs are the prime candidates to rein in emissions by altering the economic conditions under which producers and consumers make decisions. Under ideal conditions with full information, they can seamlessly remove the distortion caused by the negative externality and increase a society’s welfare. This distortion is caused by overproduction and underpricing of carbon-related goods and services. The ideal level of emissions would be set under cap-and-trade, or be the outcome of an ideally set carbon tax. The ideal price of carbon permits would result from demand generated by government decree meeting an ideal fixed supply set by the government. The economic benefit of using the ideal carbon tax or the ideal permit price occurs because heterogeneous decision-makers will conceptually reduce emissions to the level that equates their marginal (incremental) emissions-reduction cost to the tax or permit price. When applying the theory to the real world, ideal conditions with full information do not exist. The economically efficient levels of emissions, the carbon tax, and the permit price cannot be categorically determined. The targeted level of emissions is often proposed by non-economists. The spatial extent and time span of the emissions target need to be considered. The carbon tax is bound to be somewhat speculative, which does not bode well for private-sector decision-makers who have to adjust their behavior, and for the achievement of a particular emissions target. The permit price depends on how permits are initially distributed and how well the permit market is designed. The effectiveness of either program is tied to monitoring and enforcement. Social justice considerations in the operation of tax programs often include the condition that they be revenue-neutral. This is more complicated in the permit scheme as much activity after the initial phase is among the emitters themselves. Based on global measurement of greenhouse gases, several models have been created that attempt to explain how emissions transform into concentrations, how concentrations imply radiative forcing and global warming potential, how the latter cause ecological and economic impacts, and how mitigation and/or adaptation can influence these impacts. Scenarios of the uncertain future continue to be generated under myriad assumptions in the quest for the most reliable. Several institutions have worked to engender sustained cooperation among the parties of the “global commons.” The balance of theory and empirical observation is intended to generate normative and positive policy recommendations. Cap-and-trade and carbon tax programs have been designed and/or implemented by various countries and subnational jurisdictions with the hope of reducing carbon-related emissions. Many analysts have declared that the global human society will reach a “tipping point” in the 21st century, with irreversible trends that will alter life on Earth in significant ways.

Article

Hazardous waste management involves treatment, disposal, or recycling of a wide range of different waste streams from industry, households, and others. The diversity of wastes and management methods means that many choices affect its environmental harms, which result from possible contamination of groundwater, surface water, soil, and air. Efficient public policies that would fully reflect such varied external costs are unlikely to be feasible. In practice, governments principally apply three policy approaches to hazardous waste: taxes on hazardous waste, liability for environmental damages, and standards-based regulation of waste management facilities. Hazardous waste taxes may help internalize environmental costs but do not reflect all the variability in these costs. By contrast, liability for environmental damage can make waste generators and managers confront environmental costs that vary with their particular choices. However, environmental liability is often linked to programs for cleanup of contaminated sites and may not create efficient incentives for active waste management because this liability does not reflect the social costs of the contamination. Regulation usually takes the form of technology and performance standards applied to treatment, storage, and disposal facilities (TSDFs) and affects generation decisions only indirectly. Research finds that public policies that raise costs of hazardous waste management, such as taxes and regulation, encourage less waste generation, but may also provoke detrimental responses. First, facilities may substitute illegal waste dumping for legal management and thus exacerbate environmental damage. Second, generators may ship waste to jurisdictions with weaker environmental protections, especially developing countries, giving rise to a “waste haven” effect. This effect may create offsetting environmental damage, facilitate destructive policy competition among jurisdictions, and worsen inequities in exposure to environmental harm from hazardous waste.