Whose land? Whose water? Water rights,equity and justice in a peri-urban context

Based on research in peri-urban areas, this paper explores questions of water justice in the context of emerging global cities. With the growth of large cities, authorities focus on meeting their water needs through infrastructure expansion and supply augmentation. The changing water needs and priorities of peri-urban locations, which provide land and water for urban expansion, receive scant attention. This paper looks at changing patterns of water use between rural and urban uses, based on research in peri-urban Gurgaon, an emerging outsourcing and recreation hub of North West India. It describes the diversity of ways in which peri-urban residents lose access to water as the city expands. These processes raise important questions about water justice, about the politics of urban expansion, and the implicit biases about whom these cities are meant for.     

Fossil fuel divestment in US higher education: student-led organising for climate justice

Based on over one year of participant observation within the student-led fossil fuel divestment (FFD) movement, this article contextualises the origins, successes, challenges, and inner workings of the FFD movement in US higher education. We analyse several college divestment campaigns to illuminate key factors that have contributed to wins and rejections, and explore why students continue to organise for FFD. It is our contention that such widespread mobilisation for FFD signals a sea change, from individualised sustainability efforts to youth-led collective political action, and recognition of climate change as a social justice issue. In addition to participant observation, we gathered data from 23 survey responses of organisers involved in divestment campaigns within higher education, and 40 interviews with individuals including student and professional organisers within the FFD movement, institutional decision-makers at campuses with FFD campaigns, and other experts in the area. Our analysis also reveals that relatively smaller endowments and, more importantly, institutional values of environmental sustainability and social justice played key roles in colleges’ decision to divest. Our examination of divestment “losses” illuminates common arguments administrators deploy in their rejection statements, including the perceived costs of divestment, the need to maintain fiduciary responsibility, and scepticism that divestment will have any impact on the fossil fuel industry. Finally, in spite of increasing resistance from college and university administrations, student divestment campaigns continue to escalate, and are committed to organising over the long term.     

Injustice and organisation in Anchicayá, Colombia: an environmental legal case in a hydropower watershed

The paper looks at Colombia's first major environmental justice legal case involving a riparian Afro-Colombian community and the Pacific Energy Company (EPSA). Riverine Afro-Colombian communities gained political recognition as a culturally distinct group largely based on their conservation practices in riparian environments. The work contrasts the complexities of the case with the vulnerable reality of the people of Anchicayá who largely live in conditions of poverty, violence and political isolation. It also describes the institutions that frame watershed management, the ethnic rights to collective land and self-governance and the property rights of energy companies in the backdrop of decentralisation reforms that clarified different types of property rights and refounded Colombia as a multicultural nation. The legal suit, however, demonstrates that the government failed to offer equal protection to collective versus private cultural and socio-economic uses of land and water in order to protect energy investments. The Constitutional Court's jurisprudence ultimately privileged technical and legal know-how and overlooked the limits community intermediaries face offering similar evidence. By doing so, the court not only disregarded the constitutional rights of Afro-Colombians, but it also failed to mitigate a socio-environmental conflict.     

Planning for environmental justice in an urban national park

Urban national parks were designed in the 1970s to bring nature and recreational opportunities to socio-economically disadvantaged communities in the USA. Using the theoretical frame of environmental justice, this paper discusses findings of a recent survey of visitors to Los Angeles' Santa Monica Mountains National Recreation Area – the United States' largest urban national park. Findings show park visitors were predominantly white, affluent, and lived nearby. People of colour travelled further, were significantly less likely to be return visitors, and were less inclined to use the park for active recreation. Seemingly, this park fails to meet the needs of the disadvantaged urban communities for whom it was created, a problem that may also affect other parks in the United States and potentially parks in other countries. Park planners and managers can take practical steps to increase accessibility to this park for people of colour and low-income earners, and should monitor other parks for patterns of ethno-racially differentiated access and utilisation.     

WATER AND WATER RIGHTS TRANSFERS: A NEW POLICY FOR NEBRASKA1

ABSTRACT: Nebraska has abundant supplies of high quality surface and ground water. The U.S. Supreme Court decision in 1982, declaring ground water to be an article of commerce, is widely perceived as giving neighboring states easier access to Nebraska water. Some neighboring states, particularly Colorado and Wyoming, are in water short situations. Additionally, current legal restrictions on certain types of transfers within the State could be inhibiting the “highest and best use” of Nebraska's water. Thus, in 1987 the Nebraska Legislature called for the development of a new water policy for Nebraska that would promote the economically efficient use of water, yet protect the environment as well as the rights of individuals (for example, third parties) and the public. Through an interagency study employing an extensive public involvement process, a policy to be recommended to the Legislature in 1989 emerged. The policy revises the basic definition of water rights and transfers and eliminates most of the inconsistencies in the water allocation system by treating most types of water resources, most types of water users, and most locations of use similarly in the permitting process. (The principal exception is the individual irrigator using ground water on the overlying land where overlying land is one government surveyed section; such use is not defined to be a transfer nor is a permit required.) An impact assessment would be required of most new water uses except on site uses of ground water. Compensation measures could be specified as a condition of the permit where appropriate. The permit would be issued only if the benefits of the proposed transfer clearly outweigh adverse effects that could not be avoided or effectively compensated. The policy allows for the sale or lease of “salvaged” water. It calls for the State to facilitate transfers by acting as a clearinghouse for potential buyers and sellers, and it allows the State to sponsor water projects. An annual fee to be paid by many water users, in order to provide a fund for compensation and for state sponsored water projects, was proposed. However, it met with extensive opposition. Thus, the policy recommends only that the Legislature examine potential funding programs and equitable user fees.     

Exposing violences: Using women's human rights theory to reconceptualize food rights

Exposing food violences – hunger,malnutrition, and poisoning from environmentalmismanagement – requires policy action thatconfronts the structured invisibility of theseviolences. Along with the hidden deprivation offood is the physical and political isolation ofcritical knowledge on food violences and needs,and for policy strategies to address them. Iargue that efforts dedicated on behalf of ahuman right to food can benefit from thetheoretical analysis and activist work of theinternational Women's Rights are Human Rights(WRHR) movement. WRHR focuses on women andgirls; the food rights movement operates onbehalf of all people, with an emphasis on thepoor. Both attend to the protection of bodilyintegrity against physical and psychicviolences. Both cope with bodily violences thatare socially privatized and spatiallysegregated from public institutions of relief,that is, they are tacitly omitted from publicdiscourse and purview. Most typically, but notexclusively, these violences unfold in privatehousehold space. Both rights movements mustmobilize political rights to demand economicand social rights and security. I introduce theUnited Nations' early Declaration (1948) andCovenant (1966) language on the human right tofood and review problems of household accessand grassroots engagement that are ``writteninto' this early documentation. An abbreviatedoverview of the WRHR movement describes how thepublic/private and economic/political rightsdichotomies have been critiqued andre-formulated. A case study set in Polandacross the transition from (more) communist to(more) capitalist political economies attemptsto illuminate the discussion through agrounded example.     

Participatory environmental governance in China: public hearings on urban water tariff setting

In the late 1990s China started to expand its market economic reform to the public sector, such as water services. This reform led to major changes in urban water management, including water tariff management. The reforms in water tariff management relate not only to tariffs, but also to the decision-making on tariffs. Water tariff decision-making seems to move away from China's conventional mode of highly centralized and bureaucratic policy- and decision-making. The legalization, institutionalization and performance of public hearings in water tariff management forms a crucial innovation in this respect. This article analyzes the emergence, development and current functioning of public hearings in water tariff setting, and assesses to what extent public hearings are part of a turning point in China's tradition of centralized bureaucratic decision-making, towards more transparent, decentralized and participative governance.     

Valuing Improvements in The Water Rights System in South Africa: A Contingent Ranking Approach1

Speelman, Stijn, Stefano Farolfi, Aymen Frija, and Guido Van Huylenbroeck, 2010. Valuing Improvements in the Water Rights System in South Africa: A Contingent Ranking Approach. Journal of the American Water Resources Association (JAWRA) 46(6):1133–1144. DOI: 10.1111/j.1752-1688.2010.00480.x Abstract: In the context of increasing water scarcity, understanding is growing that irrigation water rights are important and that a lack of an effective water rights system constitutes a major reason for inefficient water management. This study carried out a contingent ranking experiment to study how smallholder irrigators in South Africa would value potential changes in water rights. Three specific dimensions of water rights, relevant for the South African case, are considered: duration, quality of title, and transferability. Results indicate that smallholder irrigators are prepared to pay considerably higher water prices if improvements are made in the water rights system. This implies that the proposed interventions in the water rights system would improve the efficiency and productivity of the small-scale irrigation sector. The increased willingness to pay could furthermore also assist the South African government to reach the objective of increased cost recovery.     

Learning environmental justice and adult education in a Scottish community campaign against fish farming

Community campaigns against local sources of pollution and environmental degradation form the building blocks of movements for environmental justice. They also constitute important locations for people to learn about the environment and obtain outlooks, knowledge and skills with which to tackle pollution and address sustainable alternatives. The learning which occurs is usually informal and involves collective learning for action. A challenge to formal educators is to be able to support such learning. This account is of the learning which has been achieved during a community campaign against fish farming in the community of Scoraig in Wester Ross, north-west Scotland. We identify a complex diversity of learning within the community, involving information-gathering and critical analysis, between those active in the campaign and those supportive but less active, and in interaction between formal and informal education.     

AN ECONOMIC OVERVIEW OF HAWAII'S WATER INSTITUTIONS1

ABSTRACT: The problem of allocating scarce water resources among competing uses and users over time in Hawaii is addressed within the context of analytical institutional economics. The nature of this problem has been, in recent years, highly complicated by important institutional changes that control operating decisions for water supply and water pollution. Whereas the imbalance in governmental initiatives regarding changes in the system of water rights (predominantly state) and environmental laws (predominantly federal) are based on U.S. constitutional provisions, the more fundamental roots of the crucial legal doctrines involved have been traced back to the common property concept. This suggests that the more promising opportunities for meeting the water policy challenges of the state are to be found in the historical common property system (ahupua'a) of Hawaii.     

Social and environmental injustices in solid waste management in sub-Saharan Africa: a study of Kinshasa,the Democratic Republic of Congo

This paper investigates social and environmental injustices in solid waste management in Kinshasa, the capital of the Democratic Republic of Congo. The urban poor in most parts of Kinshasa bear a huge encumbrance of the solid waste burden and face multiple challenges associated with poor management of solid waste. This situation has resulted in poor and unhealthy living conditions for the majority of the urban residents. The problem of solid waste management in Kinshasa has further been compounded by rapid urbanisation which has occurred in the face of poor urban governance, civil conflict and weak institutional set-up. The combination of these challenges has resulted in increased overcrowding, poor sanitary conditions, lack of water and an unprecedented accumulation of solid waste which have triggered a myriad of urban problems. The worst affected are the poor urban who reside in locations that receive little or no socio-economic services from the Kinshasa Municipal authority. Using secondary data collected through a desk study, this paper argues that the poor solid waste situation in Kinshasa is not only a health risk, but also presents issues of both social and environmental injustices. These issues are analysed within the context of evolving arguments that focus on the need to develop a pro-poor approach in solid waste management that may present an opportunity for achieving both social and environmental justice for the urban poor in Kinshasa.     

Return to the River: Environmental Flow Policy in the United States and Canada1

Abstract: This paper provides an overview and summary of United States and Canadian federal, state, and provincial laws that offer some form of legal protection for environmental flows. Special attention is given to the new “second generation” law established in Texas and to ways western states are beginning to encourage transactions that help restore dewatered streams. Progress in the eastern states and some Canadian provinces to provide environmental flow protection is addressed. Based on this review, this paper presents recommended elements of a “model” environmental flow policy.     

Threats to Riparian Ecosystems in Western North America: An Analysis of Existing Literature1

Poff, Boris, Karen A. Koestner, Daniel G. Neary, and Victoria Henderson, 2011. Threats to Riparian Ecosystems in Western North America: An Analysis of Existing Literature. Journal of the American Water Resources Association (JAWRA) 47(6):1241–1254. DOI: 10.1111/j.1752‐1688.2011.00571.x Abstract: A total of 453 journal articles, reports, books, and book chapters addressing threats to riparian ecosystems in western North America were analyzed to identify, quantify, and qualify the major threats to these ecosystems as represented in the existing literature. Publications were identified either as research, policy, literature review, historical comparison, or management papers. All papers were evaluated based on year of publication, area of interest, and type(s) of threats addressed. Research papers, however, were assessed in more depth. The publications ranged from the 1930s to 2010 and addressed the following threats: dams, pollution (point and nonpoint), grazing, land use change, timber harvesting, water diversion, road construction, recreation, mining, groundwater pumping, invasive species, climate change, salinity, fire, insect and diseases, woody encroachment, watershed degradation, elimination of native vegetation, beavers, fire suppression, and fuel management. While the types of threats vary on spatial and temporal scales, some persist through decades in western North America. This analysis shows that grazing has been perceived as a dominant threat since the 1980s, but has been diminishing in the past decade, while invasive species, dams and, in recent years, climate change are increasingly represented in the literature as threats to riparian ecosystems in western North America.     

The Role of Water Doctrines in Enhancing Opportunities for Sustainable Agriculture in Alabama1

Abstract: Alabama is a water rich state. Yet, agriculture is limited in both scale and productivity and the state regularly suffers from drought. Climate variability adds to this paradox even while water users, particularly farmers, have few coping mechanisms. In this paper, we argue that more significant than the water resource itself in Alabama is the governance structure of that resource. The riparian doctrine, as it stands, stymies effective management. The role of water doctrines, and resultant policy, is, therefore, crucial to enhancing decision‐making opportunities for agricultural end‐users in Alabama. After exploring different doctrine types as applied across the states we conclude that a move towards “regulated riparianism” consistent with the American Society of Civil Engineers Regulated Riparian Water Code (2004) would enhance opportunities for both the state and agriculturalists to cope with variable water supply conditions while maximizing environmental benefits. The paper then concludes with a review of the primary objectives of the Water Code and key places where Alabama’s Water Code would need revision to meet these objectives.     

How knowledge is used in collaborative environmental governance: water classification in New Brunswick,Canada

Collaboration is an increasingly important approach to dealing with complex environmental challenges. Participation of diverse actors in collaborative processes necessitates attention to the use of different forms of knowledge. We use a multi-case study of governance for water in New Brunswick, Canada, to explore knowledge-related concerns that are prominent in collaborative processes. As is common in other contexts, local or lay (experiential) forms of knowledge appeared to play complementary but ultimately subordinate roles to expert technical and scientific knowledge in the cases. Importantly, we found that the distinction between ‘expert’ and ‘local’ knowledge was not at all clear for the many participants. This study reinforces the importance of designing reflexive and flexible processes for encouraging the active engagement and use of knowledge in collaboration.     

Demographic shifts around drinking water supply reservoirs in North Carolina,USA

Infrastructure intended to serve the public good frequently has implications for environmental justice and social sustainability. Drinking water supplies for sub/urban areas in North Carolina, USA, have regularly been secured by constructing dams to impound reservoirs. We used high-resolution, publicly available US Census data to explore whether 66 such reservoirs in North Carolina have induced demographic shifts in the communities that find themselves adjacent to the newly created lakeshores. Our principal findings include: (1) The ratio of white people to non-white people was significantly higher in communities within 0.5 miles of reservoir shorelines than in more distant communities; (2) even as North Carolina overall became less white from 1990 to 2010, the ratio of white people to non-white people within the 0.5 miles of the shoreline increased relative to the overall ratio in the State; and (3) similar, but less distinct, shifts in per capita income occurred during the period. Our results are consistent with the proposition that reservoirs have induced demographic shifts in communities adjacent to newly created lakeshores similar to the shifts associated with environmental gentrification and amenity migration, and may now be associated with perpetuating those shifts. These findings raise concerns about environmental justice and social sustainability that should be considered when planning and building infrastructure that creates environmental amenities. Where reservoirs are being planned, social costs, including the costs of demographic shifts associated with environmental gentrification or amenity migration, and disproportionate regulatory burdens, should be mitigated through innovative policy if possible.     

Willing and able: explaining individuals' engagement in environmental policy making

Research on attitudes toward environmental policy making has often overlooked the important role that risks play in forming individual attitudes towards the environment. Similarly, this research often assumes that the factors that affect attitudes are similar across different environmental domains. The purpose of this research is to examine how the factors that affect an individual's willingness to get involved in environmental policy making differ on two environmental issues – nuclear power and drinking water. The study utilises multivariate statistical techniques to explore the relationship that uncertainty, risk, and trust play in an individual's willingness to take action in environmental policy making. The data consist of responses to a national random telephone survey of 403 adults in the United States. The individuals surveyed are more likely to take action on the less avoidable potential threat of nuclear power than they are on drinking water. The respondents believe that the potential harm from nuclear power is greater than that from drinking water. The individuals most likely to take action are those who indicate that they are interested in environmental issues.     

Seeking Indigenous food sovereignty: origins of and responses to the food crisis in northern Manitoba,Canada

A food crisis confronts many Indigenous communities in northwestern Canada, as reflected by wide-scale food insecurity and diet-related disease. South-generated responses to this crisis generally disregard principles of Indigenous food sovereignty and are disengaged from concerns related to environmental and food justice. This study seeks to explore the needs and priorities of a First Nation (Misipawistik Cree Nation) and an associated Métis community (Grand Rapids) regarding existing and potential responses to the food crisis in northern Manitoba. Substantial changes to the traditional food system were initiated during the establishment of the reserve system in the 1800s and now extend to damage associated with hydro development. Responses to these changes were categorised according to themes and include the revival of country food traditions, individual and community gardens, agriculture in the North, and better quality imported foods. Regardless of response, decision-making needs to be community-driven, culturally appropriate, to reflect local priorities in order to effectively address the northern food crisis, and, ultimately, needs to work towards Indigenous food sovereignty to be effective.     

The evolution of community water governance in Uchira, Tanzania: The implications for equality of access, sustainability and effectiveness

Community participation, ownership and cost sharing are key components of Tanzania's water policy, in common with the broad international consensus on water governance. However these policy goals are difficult to achieve, beset with paradoxes and their benefits may be overstated, both in terms of efficiency of resource management and equality of outcomes. This article draws on longitudinal ethnographic research of a village water supply in Tanzania to explore two issues: the contested nature of community ownership and the complex evolution of a ‘community‐owned’ institution. The evidence from the Uchira Water Users Association leads us to question some of the simplistic assumptions made concerning the capacity of local communities to manage service delivery and to balance equity and sustainability principles. The limitations of ‘bottom‐up’ and demand led approaches need to be recognised without discrediting their potential for challenging inequalities. The article concludes with a consideration of some of the tensions in community‐driven development, which raises some important questions about the role of the State and external agencies in setting and enforcing equity criteria in community‐managed initiatives.