CONFLICTS IN ATTAINING NATIONAL GOALS FOR BOTH WATER QUALITY AND ENERGY PRODUCTION1

ABSTRACT: The “policy environment” is defined herein as the institutional setting in which planning is conducted and policy decisions are made with regard to meeting two of the Nation's high priority goals: water quality protection and energy independence. The simultaneous pursuit of these goals has resulted in numerous conflicts among the energy industry, environmentalists, and government. An analysis of selected energy development-water quality conflicts shows that these conflicts can be described in terms of one or more of the following policy environment characteristics: resource scarcity, sense of urgency, lack of experience, administrative complexity, uncertainty about future policies and regulations, technological complexity, and uncertainty about impacts. These characterics provide a useful framework for formulating potential strategies for the resolution of energy development-water quality conflicts.     

环境邻避冲突中公众纠纷解决机制的发展与完善

近年来我国环境邻避形势严峻,人民群众日益增长的对美好生态环境的需求、公众参与环境保护的意愿、维护自身权益的意识和当前纠纷解决机制不平衡不充分的矛盾突出。为了有效化解冲突,环境邻避纠纷解决机制先后经历了萌发期、探索期,并逐步进入多元化发展阶段。现阶段环境邻避纠纷非诉讼解决方式存在制度局限,诉讼解决方式在实际应用中面临诉讼积极性不高、立案难、举证难、审理难等问题。为此,结合环境邻避纠纷的特点,本文提出了环境邻避纠纷解决机制完善建议:一是预防为主,建立贯穿项目建设始终的公众参与法律制度体系,增强公众意见反馈的强制性;二是分类化解,建立和完善适应不同需求的纠纷解决程序,加强多元化纠纷解决机制的衔接。希望通过建立"预防为主,分类化解"的精细化纠纷解决机制来推动环境邻避冲突的有序解决。     

Sustainable Water Resources Management in a Conflict Resolution Framework1

Abstract: A decision support system for sustainable water resources management in a water conflict resolution framework is developed to identify and evaluate a range of acceptable alternatives for the Geum River Basin in Korea and to facilitate strategies that will result in sustainable water resource management. Working with stakeholders in a “shared vision modeling” framework, sustainable management strategies are created to illustrate system tradeoffs as well as long‐term system planning. A multi‐criterion decision‐making (MCDM) approach using subjective scales is utilized to evaluate the complex water resource allocation and management tradeoffs between stakeholders and system objectives. The procedures used in this study include the development of a “shared vision model,” a simulated decision‐making support system (as a tool for sustainable water management strategies associated with water conflicts, management options, and planning criteria), and the application of MCDM techniques for evaluating alternatives provided by the model. The research results demonstrate the utility of the sustainable water resource management model in aid of MCDM techniques in facilitating flexibility during initial stages of alternative identification and evaluation in a basin suffering from severe water conflicts.     

JUDICIAL RESOLUTION OF TRANSBOUNDARY WATER CONFLICTS 1

ABSTRACT: Transboundary water conflicts occur under four circumstances. Because water is mobile, more than one political unit or owner has power to use water as it sequentially moves through the hydrologic cycle. Even when water doesn't move, jurisdictional conflicts occur because multiple political units regulate water simultaneously. When a river is a boundar uncertainty of ownership or jurisdiction occurs as the river shifts its course through natural processes. Lastly, limitations on who may use water may be imposed by export bans or more indirect measures like taxation. Legal solutions to transboundary conflicts are limited to litigation, legislation, and negotiated agreements. This paper examines the judicial solution.     

Stakeholder Analysis of a Collaborative Watershed Management Process: A Florida Case Study1

Borisova, Tatiana, Laila Racevskis, and Jennison Kipp, 2012. Stakeholder Analysis of a Collaborative Watershed Management Process: A Florida Case Study. Journal of the American Water Resources Association (JAWRA) 48(2): 277‐296. DOI: 10.1111/j.1752-1688.2011.00615.x Abstract: This study focuses on a Florida watershed where development of a total maximum daily load (TMDL) and its implementation plan resulted in conflicts among stakeholders. The overall goal is to build a better understanding of stakeholder perceptions of water quality problems, water policy processes and decisions, and water management plan development in a region where these issues have become contentious. Findings are based on a stakeholder analysis using qualitative data collected through focus groups with agricultural producers, local governments, and environmental groups, and supplemented with additional qualitative data on the watershed management process. Stakeholder conflicts in this case study are associated with perceived flaws in the structural and procedural characteristics of the stakeholder involvement process: (1) suboptimal watershed stakeholder representation on the TMDL executive committee, (2) an inappropriate voting procedure for making TMDL decisions, (3) limitations in information sharing between regulatory agencies and watershed stakeholders, and (4) stakeholders’ doubts about whether tradeoffs associated with achieving the water quality targets were assessed adequately throughout the TMDL planning and implementation process. This study contributes to the literature on collaborative watershed management by analyzing stakeholder involvement given Florida’s unique institutional settings, where implementation of TMDL pollution abatement is mandatory.     

Reducing conflict over the Danube waters: equitable utilization and sustainable development

This paper develops the idea that the principle of equitable utilization must be applied in concert with sustainable water use not only in the resolution of specific disputes but in the cooperative management of water resources in general. It illustrates this point with two different cases involving the use of the Danube River. The first is the conflict over the Gabcikovo Nagymaros Dam, which now rests before the International Court of Justice. The author argues that a narrow legal ruling that fails to take into account broader issues of equitable utilization as they relate to sustainable development will not satisfactorily address the long-term questions at stake between the parties. The second involves the situation in the Danube Delta where the potential for conflict exists, but may be minimized through the convention and institutional framework developed to address the environmental degradation and pollution of the Danube River basin, which is based in part on the principle of equitable utilization and the goal of achieving more sustainable water use. The paper provides a brief overview of the geographical features of the Danube River and international water law. It then explores the principle of equitable utilization and sustainable water use in light of the two cases and discusses the implications for the resolution and management of conflicts involving internationally shared water courses.     

Joint institutional arrangements for addressing transboundary water resources issues—lessons for the GEF

The lofty goals of the 1992 Earth Summit regarding sustainable development will not be achieved without major improvements in the management of transboundary water resources. This paper describes the serious nature of water-related conflicts and environmental damage associated with degradation of marine ecosystems, coastal zones, and shared surface/groundwater systems. Traditional approaches such as international conventions, watercourse agreements with basin organizations, and arbitration have generally fallen short of their objectives. This article suggests that a middle ground centered on multicountry institutional arrangements for joint fact finding, evaluation, and problem resolution may be a more productive approach over the short term to achieve sustainable development. The experience of the International Joint Commission (Canada and U.S.) is described as a way of providing a neutral ground for building trust among nations, for 'leveling the playing field' among small and large countries, and for providing mechanisms for countries to work jointly toward sustainable development of their shared resources without relinquishing their sovereignty. The Global Environment Facility (GEF) is playing a catalytic role in assisting countries to address transboundary water resources issues. The paper describes GEF's Operational Strategy and discusses the implications of joint institutional arrangements for the international waters focal area. Given that the environmental security of many nations rests on improved transboundary cooperation, the GEF provides a pragmatic opportunity for countries to cooperatively address these pressing problems.     

RESOLVING INTERSTATE WATER CONFLICTS IN THE EASTERN UNITED STATES: THE RE-EMERGENCE OF THE FEDERAL-INTERSTATE COMPACT1

ABSTRACT: As population growth occurs in regions of the eastern United States that do not have abundant water supplies, new transbasin diversions may be required. Such diversions are exceptionally politically divisive and are at the core of most of the interstate water conflicts that presently exist in the eastern states. This study examines alternative means by which these conflicts might be resolved. The strengths and weaknesses of these alternatives are examined. The study concludes that the federal-interstate compact should be the preferred alternative by which interstate water conflicts in the eastern United States are resolved.     

Scarcity and conflict,key problems in water management: a Mexican case study

Water scarcity has become a key issue in water management. There are two contrasting positions regarding scarcity as a source of conflict or cooperation. Accordingly, it is worth exploring what exactly are the conditions that make water scarcity a source of conflict or cooperation. The history of water conflicts has shown that people are more likely to kill around a water hole than when conflicts grow into national or international issues. This suggests that there may be an inverse relationship between the level of violence and the scale at which the water conflict takes place. A common problem in environmental management has been the lack of effective mechanisms to handle conflict. In the majority of these cases, the main shortcoming was an inability of the parties to identify their differences. Therefore, this research explores the idea that understanding the causes of conflict from the outset, followed by an evaluation, at the local scale, of the conditions, is a necessary precondition to finding appropriate and sustainable solutions. With this background in mind, the objective of this paper is to employ a conflict assessment process in order to explore to the extent to which a collaborative dialogue among stakeholders can be an appropriate approach to conflict resolution. A case study in Mexico is employed as a testing ground.     

WATER RIGHTS,EMINENT DOMAIN,AND THE PUBLIC TRUST1

ABSTRACT: Faced with the necessity of meeting growing municipal water requirements in areas where available supplies are completely allocated, numerous cities throughout the West are turning to their eminent domain powers to affect a reallocation of water from less preferred uses to municipal uses, thus bringing about a sharp conflict with agricultural interests. As a basis for discussing these eminent domain powers, this paper begins with a brief review of the development of property rights. The existence of both private and public (social) rights in the “bundle of rights” is noted. In recent years the Public Trust Doctrine has been used to limit private rights in property, and to protect and strengthen social rights. A case study which focuses on a conflict between individual and social interests in water rights is discussed. This case involves the City of Thorton, Colorado which initiated municipal condemnation proceedings to acquire the water rights and structures of two nearby irrigation companies. The case represents an attempt to incorporate the spirit of the Public Trust Doctrine into legislation which sets forth procedures for resolution of similar water rights conflicts that will inevitably become more numerous throughout the West in the future.     

The value of cooperation in resolving international river basin disputes

This paper reviews the phenomenon of international river basins, and concludes that the sharing of river basins between and among countries is the rule rather than the exception for the major river systems of the world. The growth of the nation state with rivers as agreed-upon boundaries, as cease-fire lines and as natural defensive lines has led to the carving up of most river basins around the world. More than 200 river basins, accounting for more than 50% of the land area of the Earth, are shared by two or more countries. When population densities were low, there was plenty of water for all and major conflicts were avoided. With the rapid population and economic growth experienced in the past few decades, conflicts over use of water are becoming more important. It is expected that in the near future such conflicts will become much more severe. The paper reviews the literature on attempts to analyse river basin conflicts and negotiate solutions. Some rudimentary game models are examined, and some tentative conclusions, based upon various game theory concepts of stability, are applied to the Ganges-Brahmaputra basin. The paper ends with suggestions on how to plan Pareto-Admissible outcomes for international basins.     

A GAME-THEORETIC APPROACH TO ACID RAIN ABATEMENT: CONFLICT ANALYSIS OF ENVIRONMENTAL LOAD ALLOCATION1

ABSTRACT: The detrimental impacts of acid rain have become widely publicized, but effective and equitable methods to mitigate the acid rain problem remain to be found. This paper focuses on conflicts involved in allocation of the total emission loads to be reduced to respective pollution sources of acid rain, and proposes a game-theory approach to the resolution of the conflict. With an example abstracted from a hypothetical case study in the United States of America and Canada, a systematic analysis is performed and policy implications of the results examined to assess the applicability of the proposed model.     

LOCAL OPPOSITION TO THE TRANSFER OF WATER SUPPLIES:AN OKLAHOMA CASE STUDY1

Interregional conflicts over the allocation and transfer of water supplies have occurred with increasing frequency in the contemporary United States. This paper presents the results of a case study of citizen opposition to a proposal to transfer water supplies within Oklahoma. Residents of the area adjacent to Lake Tenkiller in eastern Oklahoma were surveyed concerning their reactions to a proposal of the City of Tulsa to transfer large volumes of water from the reservoir to the city. Results of the survey indicated that a community based concern for preserving local water levels transcended individual self-interests in maintaining Tenkiller's water levels. The results support the recently developed concept of “turf politics,” which suggests that regional and community based considerations tend to dominate interregional locational conflict resolution.     

STATE WATER LAW REFORM: IDENTIFYING LEGAL AND MANAGERIAL ISSUES AND OPTIONS1

ABSTRACT: Statutory and case law at the state level provide critical legal frameworks for water management. As many state governments struggle to improve efficiency in water management and resolve conflicts over water usage, they must continually assess the efficacy of their state water law. Most states have water laws that are disconnected and overlapping. This article presents a methodology to assess state water law and take first steps toward a comprehensive state water resources act. The methodology is driven by issues and conflicts in water management. It synthesizes management and legal analyses into a process that incorporates the diverse perspectives of state water stakeholders. The results of the analysis are identification of management issues, profiles of state water law, and explorations of legal options that are available to the state government. Illinois is provided as a case study for this methodology.     

WATER DEMAND AT WESTERN U.S. RECREATION DEVELOPMENTS1

Although the volume of potable water used at recreation developments is minor relative to total regional water use, very high quality is required and the source is often of limited capacity, such as a mountain spring or small local aquifer. Frequent confrontations between developers and regulatory agencies result from claims by developers that water demand will be very small while regulators tend to treat such developments the same as municipal residence. Almost no published data base exists for resolving such conflicts. Included here are: 1) Water use measurements of various peak period durations (seasonal, monthly, daily, and instantaneous) at several types of recreational developments in Utah and Wyoming (mountain cabins, both ski- and water-based condominiums, and recreation vehicle campgrounds), 2) statistical (frequency) analysis of the data and a comparison with municipal demands in the same region, and 3) analysis of occupancy rates at the various categories of developments.     

The Role of Women in Water Management and Conflict Resolution in Marsabit,Kenya

We employed qualitative methods to explore how conflict over water collection and use impacts women, and the role that women play in water management and conflict resolution in Marsabit, Kenya. Conflicts between domestic and livestock water led to insufficient water for domestic use and intra-household conflict. Women’s contributions to water management were valued, especially through informal initiatives, though involvement in statutory water management committees was not culturally appropriate. Promoting culturally appropriate ways to involve women in water management, rather than merely increasing the percentage of women on water committee, may reduce conflicts and increase women’s access to domestic water supplies.     

Environmental management conflicts in developing countries: An analysis

An analysis of conflicts in environmental management has been made by identifying the major characteristics of conflicts. Examples of some environmental management conflicts have been presented to clarify the major issues involved It is shown that without active conservation groups it will be difficult to achieve environmental protection Two conflict resolution models are presented for analyzing various conflicting situations     

THE SOUTHEAST FLORIDA EXPERIENCE IN RESOLVING DEVELOPMENT AND ENVIRONMENT CONFLICTS1

ABSTRACT: Land development projects that are presumed to have regional impact according to the Florida Land and Water Management Act of 1972 are forced to minimize adverse environmental impact through a detailed procedure called Application for Development Approval (ADA). In Southeast Florida, as part of this review process, the water-supply and flooding conflicts must be resolved with the regional water management agency, Central and South Florida Flood Control District (FCD). This paper discusses the efforts to resolve these two conflicts for a large proposed residential development in Broward County, Florida. The project, as envisioned by Leadership Housing, Inc., places 25,000 dwelling units on the 3,960-acre site. The project is located in a flood prone area of the Hillsboro Canal Basin and is at the northwest edge of the Biscayne Aquifer. Significant land modification is required to flood-proof the project. The water-supply conflict was resolved only when the FCD was assured that the ultimate water demand for the project was balanced by the natural recharge to the site. Significant water-resources studies were required to produce these conflict resolutions.     

区域水资源最优配置的研究——以汉中盆地为例

本文通过对水资源优化系统的分析,指出了该系统一些易被人们忽视的特征:①水资源优化系统只是整个资源优化大系统的一个子系统,它具有大型性、整体最优性、等级层次性、相对独立性等诸多特征,因此我们必须将其置于资源优化大系统中去考察。②该系统也是一个复杂的动态系统,所以必须应用动态规划法去处理它。③水资源优化系统中的多目标间存在各种冲突,显然协调冲突在水资源优化配置研究中是至关重要的,文中提出三种冲突-协调方法,笔者更推崇的是第三种方法,即“地理‘二难’推理”。