Environmental protection in Hong Kong amidst transition: Is Hong Kong ready to manage its environment by law?

Within the context of political democratization, this article explores environmental protection in Hong Kong since the government lauched a ten-year program to “save the environment” in 1989. Examining environmental management by law from a social-choice perspective, it argues that the government has yet to reach an integrative policy orocess. Hence the preconditions for an integrative set of environmental legislation are absent. Institutionally, without a comprehensive green policy, the current arrangements lack a vision as an integrative force to promote effective coordination among various sectoral environmental coordination among various sectoral environmental programs. The dominant approach of policy and law enforcement through consultation has rendered impossible strict enforcement of environmental rules and regulations as local economic growth enjoys a priority over environmental protection. At a time of environmental awakening, the people of Hong Kong are not yet prepared awakening, the people of Hong Kong are not yet prepared to participate in environmental management in a strict legal manner. The overall observation is that Hong Kong has yet to see more mature political, legal, administrative, and social conditions for managing its environment within a legal framework.     

Risk management: Time for innovative approaches

Risk management practices under the current environmental regulations is a long, complex process that considers scientific, technologic, and management factors to develop various regulatory standards and pollution control measures. Using the mandatory enforcement approach, sometimes referred to as “command-and-control”, a set of preliminary environmental goals, such as better air and water qualities, were achieved. However, the information-intensive nature of the risk management process and the lack of flexibility in conventional regulatory methods to changing economic and technologic realities of the decade has created interest among risk managers to examine some innovative management approaches. Above all, environmental problems of a global scale require novel management methods while striving to achieve the desired environmental goals. As the principal analytical tool in risk management, quantitative risk assessment exerts considerable influence on the risk management process. Therefore, advances in risk management are closely associated with scientific developments that enhance the risk assessment process, particularly those efforts aimed at improving human exposure and toxicity assessments. Market incentives, information dissemination, creative enforcement practices, and interagency and intergovernmental interactions were identified as the key elements of innovative environmental risk management practices. This paper will present an overview of the emerging innovative risk management approaches.     

WATER MARKETS AND DECENTRALIZED WATER RESOURCES MANAGEMENT: INTERNATIONAL PROBLEMS AND OPPORTUNITIES1

ABSTRACT: Because of its importance and the perceived inability of private sector sources to meet water demands, many countries have depended on the public sector to provide water services for their populations. Yet this has resulted in many inefficient public water projects and in inadequate supplies of good quality and reliable water. Decentralization of water management, including the use of water markets, cannot solve all of these water problems, but it can improve the efficiency of water allocation. When given adequate responsibility and authority, water user associations have effectively taken over water management activities at a savings to tax payers. Moreover, water markets add the potential benefit of improving water efficiency within a sector as well as providing a mechanism for reallocating water among sectors. The key question involves developing innovative mechanisms for reducing the transaction costs of organizing water users and of making water trades. Water rights need to be established which are recorded, tradable, enforceable, and separate from land if markets are to operate effectively. Also, institutions are needed that effectively resolve conflicts over water rights, including third party impacts and water quality concerns.     

CAUSES OF PEAK FLOWS IN NORTHWESTERN MONTANA AND NORTHEASTERN IDAHO1

ABSTRACT: Both catchment experiments and a review of hydrologic processes suggest a varying effect of forest harvest on the magnitude of peak flows according to the cause of those peak flows. In northwestern Montana and Northeastern Idaho, annual maximum flows can result from spring snowmelt, rain, mid-winter rain-on-snow, or rain-on-spring-snowmelt. Meteorologic and physical data were used to determine the cause of annual maximum flows in six basins which had the necessary data and were smaller than 150 mi². Rain-on-spring-snowmelt was the most frequent cause of annual maximum flows in all six basins, although there was a strong gradient in the magnitude and cause of peak flows from southwest to northeast. Less frequent mid-winter rain-on-snow events caused the largest flows on record in four basins. Mid-winter rain-on-snow should be distinguished from rain-on-spring-snowmelt because of differences in seasonal timing, the relative contributions of rain vs. snowmelt, and the projected effects of forest harvest. The effects of mixed flood populations on the flood-frequency curve varied from basin to basin. Annual maximum daily flows could not be reliably predicted from rainfall and snowmelt data.     

DESIGN BASIS FOR EVERGLADES STORMWATER TREATMENT AREAS1

ABSTRACT: The State of Florida (1994) has adopted a plan for addressing Everglades eutrophication problems by reducing anthropogenic phosphorus loads. The plan involves implementation of Best Management Practices in agricultural watersheds and construction of regional treatment marshes (Stormwater Treatment Areas or STA's). This paper describes the development, testing, and application of a mass-balance model for sizing STA's to achieve treatment objectives. The model is calibrated and tested against peat and water-column data collected in Water Conservation Area-2A (WCA-2A), where phosphorus dynamics and eutrophication impacts have been intensively studied. The 26-year-average rate of phosphorus accretion in peat is shown to be proportional to average water-column phosphorus concentration, with a proportionality constant of 10.2 m/yr (90 percent Confidence Interval = 8.9 to 11.6 m/yr). Spatial and temporal variations in marsh water-column data suggest that drought-induced recycling of phosphorus was important during periods of low stage in WCA-2A. Maintaining wet conditions will be important to promote phosphorus removal in STA's. Sensitivity analysis of STA performance is conducted over the range of uncertainty in model parameter estimates to assess the adequacy of the model as a basis for STA design.     

THE LAW OF THE COLORADO RIVER: COPING WITH SEVERE SUSTAINED DROUGHT1

ABSTRACT: The waters of the Colorado River are divided among seven states according to a complex ‘Law of the River’ drawn from interstate compacts, international treaties, statutes, and regulations. The Law of the River creates certain priorities among the states and the Republic of Mexico, and in the event of a severe sustained drought, the Law of the River dictates the distribution of water and operation of the elaborate reservoir system. Earlier work indicated that there is remarkable resilience in the system for established uses of water in the Lower Basin of the Colorado River. This work shows, based on an application of the Law of the River using computer modeling of operations of facilities on the Colorado River, that there may be serious environmental consequences and related legal restraints on how the water is used in times of shortage and that the existing legal and institutional framework governing the Colorado River does not adequately address all the issues that would be raised in a severe sustained drought. Several possible legal options for dealing with drought in the context of the Law of the River are identified.     

SOCIAL IMPLICATIONS OF SEVERE SUSTAINED DROUGHT CASE STUDIES IN CALIFORNIA AND COLORADO1

ABSTRACT: Survey data collected in the San Joaquin Valley of southern California and the Grand Valley of western Colorado reveal that residents of both areas believe that a severe sustained drought is likely to occur within the next 20–25 years and that their communities would be seriously impacted by such an event. Although a severe sustained drought affecting the Colorado River Basin would cause major economic and social disruptions in these and other communities, residents express little support for water management alternatives that would require significant shifts in economic development activities or in water use and allocation patterns. In particular, residents of these areas express little support for strategies such as construction and growth moratoriums, mandatory water conservation programs, water transfers from low-to high-population areas, water marketing, or reallocations of water from agricultural to municipal/industrial uses. This rejection of water management strategies that would require a departure from “business as usual” with respect to water use and allocations severely restricts the capacity of these and similar communities to respond effectively should a severe sustained drought occur.     

MITIGATING IMPACTS OF A SEVERE SUSTAINED DROUGHT ON COLORADO RWER WATER RESOURCES1

ABSTRACT: We evaluated the effects of institutional responses developed for coping with a severe sustained drought (SSD) in the Colorado River Basin on selected system variables using a SSD inflow hydrology derived from the drought which occurred in the Colorado River basin from 1579–1616. Institutional responses considered are reverse equalization, salinity reduction, minimum flow requirements, and temporary suspension of the delivery obligation of the Colorado River Compact. Selected system variables (reservoir contents, streamflows, consumptive uses, salinity, and power generation) from scenarios incorporating the drought-coping responses were compared to those from Baseline conditions using the current operating criteria. The coping responses successfully mitigated some impacts of the SSD on consumptive uses in the Upper Basin with only slight impacts on consumptive uses in the Lower Basin, and successfully maintained specified minimum streamflows throughout the drought with no apparent effect on consumptive uses. The impacts of the coping responses on other system variables were not as clear cut. We also assessed the effects of the drought-coping responses to normal and wet hydrologic conditions to determine if they were overly conservative. The results show that the rules would have inconsequential effects on the system during normal and wet years.     

UNCERTAINTY ANALYSIS OF BMP EFFECTWENESS FOR CONTROLLING NITROGEN FROM URBAN NONPOINT SOURCES1

ABSTRACT: The effectiveness of urban Best Management Practices (BMPs) in achieving the No-Net-Increase Policy (NNTP), a policy designed to limit nonpoint nitrogen loading to Long Island Sound (US), is analyzed. A unit loading model is used to simulate annual nitrogen exported from the Norwalk River watershed (Connecticut) under current and future conditions. A probabilistic uncertainty analysis is used to incorporate uncertainty in nitrogen export coefficients and BMP nitrogen removal effectiveness. The inclusion of uncertainty in BMP effectiveness and nitrogen export coefficients implies that additional BMPs, or BMPs with a greater effectiveness in nitrogen removal, will be required to achieve the NNIP. Even though including uncertainty leads to an increase in BMP implementation rates or BMP effectiveness, this type of analysis provides the decision maker with a more realistic assessment of the likelihood that implementing BMPs as a management strategy will be successful. Monte Carlo simulation results indicate that applying BMPs to new urban developments alone will not be sufficient to achieve the NNIP since BMPs are not 100 percent effective in removing the increase in nitrogen caused by urbanization. BMPs must also be applied to selected existing urban areas. BMPs with a nitrogen removal effectiveness of 40–60 percent, probably the highest level of removal that can be expected over an entire watershed, must be applied to at least 75 percent of the existing urban area to achieve the NNIP This high rate of application is not likely to be achieved in urbanized watersheds in the LIS watershed; therefore, additional point source control will be necessary to achieve the NNIP