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CLIMATE CHANGE AND THE INCORPORATION OF RESILIENCE THEORY INTO ADAPTIVE WATER

GOVERNANCE

Robin Kundis Craig, James I. Farr Presidential Endowed Professor of Law

University of Utah S.J. Quinney College of Law

European Environmental Law Forum 🌍 Copenhagen 🌎 August

31,2017

CLIMATE CHANGE AND RIVER BASINS/CATCHMENTS

ECOLOGICAL AND SOCIAL-ECOLOGICAL CHANGE =INCREASED NEED FOR FLEXIBILITY IN GOVERNANCE

Drought in Europe, June-July 2015Photo: Fotolia-Photoman

Flood in Europe, June 2016Photo: TRT World

ASSESSING RESILIENCE IN 6 U.S.

RIVER BASINS

KLAMATH

COLUMBIA

MIDDLE RIO

GRANDEPLATTE

EVERGLADES

ANACOSTIA

Government

Society Economic Actors

GovernanceComposed of

intentional and self-organized public and

private actors and the rules, norms and

structures through which they act

Governance includes laws,

policies, regulation,

institutions, and institutional

structures that both enable and

constrain the process of

government.

Governance includes the informal norms

and interactions that influence decisions including those of

private and nongovernmental

actors.

Credit: B. Cosens

Credit: B. CosensAdapted from: Chelleri, L;

Waters JJ; Olazabal, M and Minucci G (in press)

“Addressing multi-scale and temporal aspects of urban resilience to climate and environmental changes”,

Environment and Urbanization Journal

FACILITATION AND BARRIERS: GUIDELINES FOR ASSESSMENT OF THE RELEVANT LEGAL SYSTEM

• STRUCTURE

• Redundant

• Polycentric

• Nested

• Integrated

• Persistent

• CAPACITY

• Adaptive

• Participatory

• PROCESS

• Legitimacy

• Procedural justice/self-determination

• Problem solving approach

• Balance stability and flexibility

• Opportunity for reflection and learning

• Dispute resolution

Cosens, B. et al. 2017. The role of law in adaptive

governance. Ecology and Society 22 (1):30. [online] URL:

http://www.ecologyandsociety.org/vol22/iss1/art30/

Credit: DeCaro et al. 2017

BASICS OF RESILIENCE THEORY

IMPLICATIONS FOR BASIN GOVERNANCE 1

IMPLICATIONS FOR BASIN GOVERNANCE 2

IMPLICATIONS FOR ADAPTIVE GOVERNANCE

Credit:

Chaffin &

Gunderson 2016

THE NEXT ISSUE: HOW DO YOU MAKE ADAPTIVE GOVERNANCE LAST?

FLEXIBILITY

TOOLS FOR STRIKING THE BALANCE IN LAW

• Inherently evolutionary law

•Rules versus standards

• Elected governance

•Amendment provisions/requirements

•Procedural requirements to pace change

•BUT: There is no single formula!

STABILITY & FLEXIBILITY IN THE KLAMATH RIVER BASIN

Map courtesy of theU.S. EnvironmentalProtection Agency

CHANGING RELATIONSHIPS IN THE KLAMATH BASIN

Graphics from

Chaffin et al. 2016

A NEW ADAPTABLE STABILITY IN THE KLAMATH?

EXAMPLE #2: THE

EVERGLADES

HISTORICAL TRANSFORMATION OF THE EVERGLADES

COMMITMENT TO EVERGLADES RESTORATION?

INABILITY TO ADAPT TO THE NEXT TRANSFORMATION

FOR FURTHER READING

• Basin Resilience Assessments + Introduction: Idaho Law Review,

Volume 51, Issue 1 (2014), https://www.uidaho.edu/law/law-

review/articles/volume-51

• Special Issue of Ecology & Society: “Practicing Panarchy” (2017):

https://www.ecologyandsociety.org/issues/view.php?sf=122

• PRACTICING PANARCHY (Springer Press: forthcoming 2018)