1-10 of 39 Results  for:

  • Policy, Governance, and Law x
Clear all

Article

The Allocation of Groundwater: From Superstition to Science  

Burke W. Griggs

Groundwater is a critical natural resource, but the law has always struggled with it. During the 19th and early 20th centuries, the common law developed several doctrines to allocate groundwater among competing users. The groundwater revolution of the mid-20th century produced an explosive growth in pumping worldwide—and quickly exposed the flaws of these doctrines. Legal rules predicated on land and on surface waters could not meet the challenges posed by the common-pool groundwater resource: those of understanding groundwater dynamics, quantifying the impacts of pumping on other water rights, and devising satisfactory remedies. Unfettered by received property restraints, pumping on an industrial, aquifer-wide scale depleted and contaminated aquifers, regardless of doctrine. The groundwater revolution motivated significant legal developments. Starting in the 1970s, the Supreme Court of the United States adapted its methods for resolving interstate water disputes to include the effects of groundwater pumping. This jurisprudence has fundamentally influenced international groundwater law, including the negotiation of trans-boundary aquifer agreements. Advances in hydrogeology and computer groundwater modeling have enabled states and parties to evaluate the effects of basin-wide pumping. Nonetheless, difficult legal and governance problems remain. Which level of government—local, state, or national—should exercise jurisdiction over groundwater? What level of pumping qualifies as “safe yield,” especially when the aquifer is overdrawn? How do the demands of modern environmental law and the public trust doctrine affect groundwater rights? How can governments satisfy long-neglected claims to water justice made by Indigenous and minority communities? Innovations in groundwater management provide promising answers. The conjunctive management of surface and groundwater can stabilize water supplies, improve water quality, and protect ecosystems. Integrated water resources management seeks to holistically manage groundwater to achieve social and economic equity. Water markets can reward water conservation, attract new market participants, and encourage the migration of groundwater allocations to more valuable uses, including environmental uses. The modern law of groundwater allocation combines older property doctrines with 21st-century regulatory ideals, but the mixture can be unstable. In nations with long-established water codes such as the United States, common-law Anglophone nations, and various European nations, groundwater law has evolved, if haltingly, to incorporate permitting systems, environmental regulation, and water markets. Elsewhere, the challenges are extreme. Long-standing calls for groundwater reform in India remain unheeded as tens of millions of unregulated tube wells pump away. In China, chronic groundwater mismanagement and aquifer contamination belie the roseate claims of national water law. Sub-Saharan nations have enacted progressive groundwater laws, but poverty, racism, and corruption have maintained grim groundwater realities. Across the field, experts have long identified the central problems and reached a rough consensus about the most effective solutions; there is also a common commitment to secure environmental justice and protect groundwater-dependent ecosystems. The most pressing legal work thus requires building practical pathways to reach these solutions and, most importantly, to connect the public with the groundwater on which it increasingly depends.

Article

International Water Law and Its Developing Role in Conflict and Cooperation Over Transboundary Water Resources  

Susanne Schmeier

International water law plays a key role in guiding states’ behavior over water resources they share. Substantive and procedural principles provide an ex ante framework based on which states can interact in a manner that prevents or mitigates potential conflicts and fosters cooperation and its benefits while supporting the sustainable use and management of these transboundary resources. Through the international water law regime, cooperation has largely prevailed over conflict in the world’s transboundary basins. Nonetheless, international water law—and thus also its role in conflict prevention and cooperation promotion—faces various challenges as populations and economies grow, the climate changes, and states seem to increasingly value short-term unilateral considerations over long-term multilateralism gains. This will challenge key principles, such as the principle of equitable and reasonable utilization and the principle of no significant harm, and their implementation in different basins, possibly triggering new disagreements between riparian states. It will therefore be important for international water law to remain adaptive to change and ensure the long-term cooperative and sustainable governance of water resources shared between states.

Article

Environmental Policy and the Double Dividend Hypothesis  

Antonio M. Bento

Since the 1990s, the so-called double-dividend debate—that is, the possibility that swaps of newly environmental taxes for existing distortionary taxes such as taxes on labor or capital could simultaneously improve environmental quality and reduce the distortionary costs of tax system—has attracted the attention of policymakers and academics. And while prior to the 1990s environmental economics as a field was not ready to inform this debate, scholars quickly moved to incorporate insights of the theory of second-best from public economics to inform the discussion. The result was a substantial advancement of the field of environmental economics, with the evaluation of the welfare effects of alternative policy instruments relying on general equilibrium models with pre-existing distortions. Initially, scholars casted substantially doubt on the prospects of a double dividend, and suggested that environmental tax reforms would not reduce the distortionary costs of the tax system. This is because studies documented that the tax-interaction effect dominated the revenue-recycling effect. That is, newly environmental taxes interact with pre-existing distortions in labor markets. And even when the revenues of environmental taxes are used to cut the rate of the labor tax, the environmental tax reform exacerbates, rather than alleviate, pre-existing distortions in labor markets. Throughout the 2000s and in more recent decades, the literature has documented many instances where a double dividend is more likely to exist, including in the context of developing countries.

Article

Ecological Water Management in Cities  

Timothy Beatley

Managing water in cities presents a series of intersecting challenges. Rapid urbanization, wasteful consumption, minimal efforts at urban or ecological planning, and especially climate change have made management of urban water more difficult. Urban water management is multifaceted and interconnected: cities must at once address problems of too much water (i.e., more frequent and extreme weather events, increased riverine and coastal flooding, and rising sea levels), but also not enough water (e.g., drought and water scarcity), as well as the need to protect the quality of water and water bodies. This article presents a comprehensive and holistic picture of water planning challenges facing cities, and the historical approaches and newer methods embraced by cities with special attention to the need to consider the special effects of climate change on these multiple aspects of water and the role of ecological planning and design in responding to them. Ecological planning represents the best and most effective approach to urban water management, and ecological planning approaches hold the most promise for achieving the best overall outcomes in cities when taking into account multiple benefits (e.g., minimizing natural hazards, securing a sustainable water supply) as well as the need to protect and restore the natural environment. There are many opportunities to build on to the history of ecological planning, and ecological planning for water is growing in importance and momentum. Ecological planning for water provides the chance to profoundly rethink and readjust mankind’s relationship to water and provides the chance also to reimagine and reshape cities of the 21st century.

Article

Groundwater Development Paths in the U.S. High Plains  

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 23 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

Politics of Local Community Engagement in Transboundary Water Negotiations  

Isabela Espindola and Pilar Villar

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

Environmental and Cultural Flows in Aotearoa and Australia  

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

Water User Associations and Collective Action in Irrigation and Drainage  

Bryan Bruns

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

IWRM: Ideology or Methodology?  

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

Use of Experimental Economics in Policy Design and Evaluation: An Application to Water Resources and Other Environmental Domains  

Simanti Banerjee

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.