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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)