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Water Governance in the Netherlands  

M.L. (Marie Louise) Blankesteijn and W.D. (Wieke) Pot

Dutch water governance is world famous. It to a large extent determines the global public image of the Netherlands, with its windmills, polders, dikes and dams, and the eternal fight against the water, symbolized by the engineering marvel of the Delta Works. Dutch water governance has a history that dates back to the 11th century. Since the last 200 years, water governance has, however, undergone significant changes. Important historical events setting in motion longer-term developments for Dutch water governance were the Napoleonic rule, land reclamation projects, the Big Flood of 1953, the Afsluitdijk, the impoldering of the former Southern Sea, the ecological turn in water management, and the more integrated approach of “living with water.” In the current anthropocentric age, climate change presents a key challenge for Dutch water governance, as a country that for a large part is situated below sea level and is prone to flooding. The existing Dutch water governance system is multilevel, publicly financed, and, compared to many other countries, still relatively decentralized. The responsibilities for water management are shared among the national government and Directorate-General for Public Works and Water Management, provinces, regional water authorities, and municipalities. Besides these governmental layers, the Delta Commissioner is specifically designed to stimulate a forward-looking view when it comes to water management and climate change. With the Delta Commissioner and Delta Program, the Netherlands aims to become a climate-resilient and water-robust country in 2050. Robustness, adaptation, coordination, integration, and democratization are key ingredients of a future-proof water governance arrangement that can support a climate-resilient Dutch delta. In recent years, the Netherlands already has been confronted with many climate extremes and will need to transform its water management system to better cope with floods but even more so to deal with droughts and sea-levels rising. The latest reports of the Intergovernmental Panel for Climate Change show that more adaptive measures are needed. Such measures also require a stronger coordination between governmental levels, sectors, policies, and infrastructure investments. Furthermore, preparing for the future also requires engagement and integration with other challenges, such as the energy transition, nature conservation, and circular economy. To contribute to sustainability goals related to the energy transition and circular economy, barriers for technical innovation and changes to institutionalized responsibilities will need to be further analyzed and lifted. To govern for the longer term, current democratic institutions may not always be up to the task. Experiments with deliberative forms of democracy and novel ideas to safeguard the interests of future generations are to be further tested and researched to discover their potential for securing a more long-term oriented and integrated approach in water governance.

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

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

Water Security  

Claudia Sadoff, David Grey, and Edoardo Borgomeo

Water security has emerged in the 21st century as a powerful construct to frame the water objectives and goals of human society and to support and guide local to global water policy and management. Water security can be described as the fundamental societal goal of water policy and management. This article reviews the concept of water security, explaining the differences between water security and other approaches used to conceptualize the water-related challenges facing society and ecosystems and describing some of the actions needed to achieve water security. Achieving water security requires addressing two fundamental challenges at all scales: enhancing water’s productive contributions to human and ecosystems’ well-being, livelihoods and development, and minimizing water’s destructive impacts on societies, economies, and ecosystems resulting, for example, from too much (flood), too little (drought) or poor quality (polluted) water.

Article

The Forest Transition  

Thomas Rudel

Forest transitions take place when trends over time in forest cover shift from deforestation to reforestation. These transitions are of immense interest to researchers because the shift from deforestation to reforestation brings with it a range of environmental benefits. The most important of these would be an increased volume of sequestered carbon, which if large enough would slow climate change. This anticipated atmospheric effect makes the circumstances surrounding forest transitions of immediate interest to policymakers in the climate change era. This encyclopedia entry outlines these circumstances. It begins by describing the socio-ecological foundations of the first forest transitions in western Europe. Then it discusses the evolution of the idea of a forest transition, from its introduction in 1990 to its latest iteration in 2019. This discussion describes the proliferation of different paths through the forest transition. The focus then shifts to a discussion of the primary driver of the 20th-century forest transitions, economic development, in its urbanizing, industrializing, and globalizing forms. The ecological dimension of the forest transition becomes the next focus of the discussion. It describes the worldwide redistribution of forests toward more upland settings. Climate change since 2000, with its more extreme ecological events in the form of storms and droughts, has obscured some ongoing forest transitions. The final segment of this entry focuses on the role of the state in forest transitions. States have become more proactive in managing forest transitions. This tendency became more marked after 2010 as governments have searched for ways to reduce carbon emissions or to offset emissions through more carbon sequestration. The forest transitions by promoting forest expansion would contribute additional carbon offsets to a nation’s carbon budget. For this reason, the era of climate change could also see an expansion in the number of promoted forest transitions.

Article

Environmental Impacts of Tropical Soybean and Palm Oil Crops  

Kimberly M. Carlson and Rachael D. Garrett

Oil crops play a critical role in global food and energy systems. Since these crops have high oil content, they provide cooking oils for human consumption, biofuels for energy, feed for animals, and ingredients in beauty products and industrial processes. In 2014, oil crops occupied about 20% of crop harvested area worldwide. While small-scale oil crop production for subsistence or local consumption continues in certain regions, global demand for these versatile crops has led to substantial expansion of oil crop agriculture destined for export or urban markets. This expansion and subsequent cultivation has diverse effects on the environment, including loss of forests, savannas, and grasslands, greenhouse gas emissions, regional climate change, biodiversity decline, fire, and altered water quality and hydrology. Oil palm in Southeast Asia and soybean in South America have been identified as major proximate causes of tropical deforestation and environmental degradation. Stringent conservation policies and yield increases are thought to be critical to reducing rates of soybean and oil palm expansion into natural ecosystems. However, the higher profits that often accompany greater yields may encourage further expansion, while policies that restrict oil crop expansion in one region may generate secondary “spillover” effects on other crops and regions. Due to these complex feedbacks, ensuring a sustainable supply of oil crop products to meet global demand remains a major challenge for agricultural companies, farmers, governments, and civil society.

Article

Agricultural Subsidies and the Environment  

Heather Williams

Worldwide, governments subsidize agriculture at the rate of approximately 1 billion dollars per day. This figure rises to about twice that when export and biofuels production subsidies and state financing for dams and river basin engineering are included. These policies guide land use in numerous ways, including growers’ choices of crop and buyers’ demand for commodities. The three types of state subsidies that shape land use and the environment are land settlement programs, price and income supports, and energy and emissions initiatives. Together these subsidies have created perennial surpluses in global stores of cereal grains, cotton, and dairy, with production increases outstripping population growth. Subsidies to land settlement, to crop prices, and to processing and refining of cereals and fiber, therefore, can be shown to have independent and largely deleterious effect on soil fertility, fresh water supplies, biodiversity, and atmospheric carbon.