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Article

Global Climate Change and the Reallocation of Water  

Rhett B. Larson

Increased water variability is one of the most pressing challenges presented by global climate change. A warmer atmosphere will hold more water and will result in more frequent and more intense El Niño events. Domestic and international water rights regimes must adapt to the more extreme drought and flood cycles resulting from these phenomena. Laws that allocate rights to water, both at the domestic level between water users and at the international level between nations sharing transboundary water sources, are frequently rigid governance systems ill-suited to adapt to a changing climate. Often, water laws allocate a fixed quantity of water for a certain type of use. At the domestic level, such rights may be considered legally protected private property rights or guaranteed human rights. At the international level, such water allocation regimes may also be dictated by human rights, as well as concerns for national sovereignty. These legal considerations may ossify water governance and inhibit water managers’ abilities to alter water allocations in response to changing water supplies. To respond to water variability arising from climate change, such laws must be reformed or reinterpreted to enhance their adaptive capacity. Such adaptation should consider both intra-generational equity and inter-generational equity. One potential approach to reinterpreting such water rights regimes is a stronger emphasis on the public trust doctrine. In many nations, water is a public trust resource, owned by the state and held in trust for the benefit of all citizens. Rights to water under this doctrine are merely usufructuary—a right to make a limited use of a specified quantity of water subject to governmental approval. The recognition and enforcement of the fiduciary obligation of water governance institutions to equitably manage the resource, and characterization of water rights as usufructuary, could introduce needed adaptive capacity into domestic water allocation laws. The public trust doctrine has been influential even at the international level, and that influence could be enhanced by recognizing a comparable fiduciary obligation for inter-jurisdictional institutions governing international transboundary waters. Legal reforms to facilitate water markets may also introduce greater adaptive capacity into otherwise rigid water allocation regimes. Water markets are frequently inefficient for several reasons, including lack of clarity in water rights, externalities inherent in a resource that ignores political boundaries, high transaction costs arising from differing economic and cultural valuations of water, and limited competition when water utilities are frequently natural monopolies. Legal reforms that clarify property rights in water, specify the minimum quantity, quality, and affordability of water to meet basic human needs and environmental flows, and mandate participatory and transparent water pricing and contracting could allow greater flexibility in water allocations through more efficient and equitable water markets.

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

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.