Economic and Ecological Transformation Processes in East German Water Management Regimes: The Role of Property Rights and Governance Structures

As in many fen land regions in East Germany, long-standing intensive arable farming—enabled by reclamation—has caused soil deterioration and high water runoff in the Schraden region. The more than ten years of economic and political transformation that followed the breakdown of the socialist regime has worsened the situation and even added new problems. The visible consequences are droughts in the summer, waterlogged plots in the spring, and worn-down water management facilities that operate in an uncoordinated or even unauthorized way. Given the local public-good character of some features of the fen land, the common-pool character of the ecosystems intermittently scarce resource water, and the conflicting interests of regional stakeholders, it is argued that the reallocation of property rights over reclamation systems, together with ineffective coordination mechanisms, have caused the physical and institutional failure of the water management system and so impeded appropriate land use. Note: This version was published online in June 2005 with the cover date of August 2004.     

论环境保护的制度激励

本文分析了环境保护制度供给不足的原因，提出相应的制度激励措施。     

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.     

我国自然资源市场体系的建立与发展

文章以“东阳卖水—义鸟买水”这起全国首例水权交易的案例说明，必须清晰地界定自然资源的产权，同时减少有关自然资源交易过程中的费用，以尽快建立自然资源市场体系，发挥市场在配置自然资源方面的基础性作用。     

THE EVOLUTION OF TEXAS WATER LAW AND THE IMPACT OF ADJUDICATION1

Texas' surface water law began its evolution during the Hispanic period of occupance. Later, the English riparian doctrine was adopted, and finally, in the late 1800's, the prior appropriation doctrine was superimposed, resulting in an exceedingly complex dual system. Though the judiciary, legislature, and state water agencies have wrestled with the problem of coordinating these diverse water rights and more accurately delineating and measuring riparian rights and water use since early in this century, until recently all attempts were unsuccessful. The unknown riparian element, in particular, made coordinated and efficient management and administration of the state's surface water resources impossible. Finally, measurable progress toward solution of these problems began in 1967 with passage of the Water Rights Adjudication Act, aimed at identifying all unrecorded surface water rights claims and eventually merging all claims into the permit system. This paper examines the gradual evolution of Texas' curious blend of Hispanic-English riparian rights and later appropriate rights; discusses the resultant problems of water resource administration; and traces the progress of the ongoing water rights adjudication, a lengthy, expensive, and complex procedure, which should eventually make possible more efficient administration of all surface water rights.     

A new role for citizens’ initiatives: the difficulties in co-creating institutional change in urban planning

In this paper, we analyze the institutional work that underlies the attempt to institutionalize a more active role of citizens in urban planning. We draw on a case in which a group of citizens aims to redevelop a brownfield site into a vital urban area. This citizens’ initiative is co-creating a new form of urban planning with the municipality, private organizations and individual citizens. The study shows how citizens’ initiatives can be a driver for institutional change, but that uncertainties about new institutions tend to reinforce the maintenance of existing ones. This paradox explains why even if the ambition for a new form of planning is widely shared, actually realizing institutional change can still be difficult and time-consuming.     

自然保护区矿业权退出机制研究

自然保护区矿业权退出有利于降低矿山所在地开发强度,缓解粗放勘采与生态红线划定的对立矛盾,是顺应生态优化、绿色发展战略的必要举措。在我国各地实践中,矿业权退出普遍面临着诸如退出范围存在分歧、问题处置主体不明、退出补偿方式单一、环境治理难以落实等困境。为了破解上述困境,构建了包括矿业权退出范围判定机制、问题处置机制、多元化补偿机制和生态修复机制在内的自然保护区矿业权退出机制,以期破解我国自然保护区矿业权退出难题,并推动退出工作有序进行。     

A Transactions Cost Approach to the Theoretical Foundations of Water Markets1

Abstract: Water marketing is often cited as a means of alleviating the stresses attached to allocation of water use. Frequently, marketing is suggested in a context that implies substitution of competitive markets for the allocation based on the prior appropriation doctrine. This study examines water marketing from the perspective of a transactions cost approach to the private and broad social agreements (contracts) that support water allocation. It examines the major behavioral challenges faced by any contract, and the alternative approaches to those challenges, with respect to water allocation. It also examines the impact of market design on the existence of externalities, costs imposed by transactions on society and individuals not party to the transaction. It finds that the most robust water market designs will be found in systems with sufficient property rights protection to support investment, sufficient hydrologic information to provide accurate analysis of third party effects, conjunctive management of surface and groundwater, and a governance structure capable of administering the rules while not determining outcomes.     

TREATING WATER INSTITUTIONS AS ENDOGENOUS VARIABLES: DEMONSTRATION OF A CONCEPTUAL MODEL1

ABSTRACT: Institutional innovation is central to many water resource problems. (In this context “institutions” refers to the laws and regulations governing water allocation and use.) Yet, typically, economic analyses treat institutions as exogenous and fixed. Unfortunately, this conventional assumption does not allow economists to address many modern problems. This paper develops an economic framework in which institutions are treated as endogenous. The model accounts for (1) factors that stimulate calls for formal institutional change, (2) the role of interest groups in policymaking, and (3) actual institutional change as it impacts choice domains and thus economic performance. The model is compared to a specific case of change in Colorado's water institutions, namely, instream water rights legislation in the 1970's. The empirical evidence is generally consistent with model hypotheses. The model promises to be useful to scholars and policymakers interested in institutional innovation.     

流域管理:权力产权的外部性问题

水资源的自然、经济和社会属性要求政府对流域的开发和利用进行管理,以解决个体使用者的外部性问题.但实际上由于政府并不是只有单一目标的统一组织,在分权体制下,不同区域、部门的政府单元掌握着实际权力.由于权力也存在外部性,各管理区域、部门之间存在利益冲突,导致政府的管理失效.解决政府权力外部性的办法:一是要转变政府职能,改变政府的激励机制;二是严格界定各政府单元的权力界限,对流域进行统一管理.     

PRIVATIZING THE GROUND WATER RESOURCE: INDIVIDUAL USE AND ALTERNATIVE SPECIFICATIONS1

ABSTRACT: While most inquiries into improving the efficiency of ground water allocation have focused upon various schemes involving centralized management, recently the focus has shifted towards exploring private property solutions to these problems. However, most of these studies, when modeling ground water use, have equated behavior under private property to that under common property conditions. This leads to the possibly mistaken conclusion that private property rights do not promote more efficient ground water use, because these models assume that producers ignore the future effects of current pumping. This paper attempts to correct this deficiency by formally modeling ground water use under common property, central management, and private property scenarios. Moreover, there are many ways that property rights can be defined over ground water, some establishing more exclusivity over the resource than others. Four specifications of property rights are analyzed for their likely effects on allocative efficiency: full stock-flow, partial stock-flow, limited stock-flow, and pure flow rights.     

环境执法在环保垂改中的基本路径与主要任务

为积极稳妥推进全国省以下环保机构监测监察执法垂直管理制度改革试点工作,本文紧紧围绕《关于省以下环保机构监测监察执法垂直管理制度改革试点工作的指导意见》精神,以环境执法改革为主体主线,从环境执法的总体方向、基本路径、主要任务三个方面进行政策分析解读,给各地在环保垂直管理制度改革试点工作中有效推进环境执法改革,提供改革路径指引和参考。     

THE LEGALIZATION OF GROUNDWATER STORAGE1

ABSTRACT: California's courts have recently recognized the existence of underground aquifer storage rights that permit public agencies to (1) store imported waters in aquifers; (2) prevent others from expropriating that water; and (3) recapture the stored water when it is needed. The article describes the two appellate decisions that represent the common-law development of aquifer storage rights. Each decision related to separate aquifers that were subject to separate types of groundwater management programs. One decision involved an aquifer under the southeastern San Francisco Bay area that was managed under statutory authority and is entitled, Niles Sand and Gravel Co. v. Alameda County Water District 37 C.A.3d 924 (1974); cert. denied 419 US 869. The other decision involved an aquifer under Southern California's San Fernando Valley that was managed under judicial authority and is entitled, City of Los Angeles v. City of San Fernando 14 Cal.3d 199 (1975). The two decisions provide separate, but complimentary, public interest rationales for aquifer storage rights: (1) to protect water supplies necessary for the overlying community; and (2) to increase water supply efficiencies by using natural underground reservoirs wherever practicable. The Article reviews the relationship of aquifer storage rights to conventional groundwater rights and indicates aspects of the storage right that may need additional development.