VIDEO: Opening Remarks and Session 1: The Challenge of Water Scarcity in Basins Around the World: An Introduction

VIDEO: 8:00 a.m. - 8:10 a.m. Welcoming Remarks Speakers: Charles Wilkinson, Moses Lasky Professor of Law, University of Colorado School of Law Doug Kenney, Getches-Wilkinson Center SESSION ONE: The Challenge of Water Scarcity in Basins Around the World: An Introduction Moderator: Doug Kenney, Getche...

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Main Authors:	Brandes, Oliver M., Cosens, Barbara, MacDonnell, Larry, McCoy, Amy, Oglesby, Adrian, McLeod, Tony, Estrela, Teodoro, Empinotti, Vanessa, Muller, Mike, Chokkakula, Srinivas
Format:	Text
Language:	unknown
Published:	Colorado Law Scholarly Commons 2016
Subjects:	Columbia River Basin BC water law and governance reform Water Sustainability Act WSA watershed governance water issues environmental flow needs legal protection planning and governance monitoring and reporting water objectives basin map hydrologic drought levels same water different rules colonial water law foundations gold mining agricultural development certainty for investment resource extraction rules Crown ownership First Nations rights and title prior allocation FITFIR First-in-Time First-in-Right groundwater beneficial use efficiency requirement economic link use it or lose it management and enforcement administrative action discretionary statutory decision making fragmented decisions common consensus public involvement community level new rules fresh water public resource water trouble new water reality policy window political commitments partnership model rejection of formal water markets water entitlements appurtenant to land works mines water allocation 21st century approach sustainability boundary fish population protection orders e-flows new licenses non-domestic uses quantity and quality land and water management province with support of federal government license holders watershed entities local government shared risk and responsibility local solutions leadership for stewardship water for nature sustainable outcomes old Water Act exclusion of Indigenous water rights agency capture Tsilhqot’in Nation v. British Columbia 2014 SCC decision Supreme Court of Canada Aboriginal title first Aboriginal water laws Nadleh Whut’en and Stellat’en nations surface waters protection 11-step consultation process watershed paradigm in BC British Columbia watersheds Okanagan Basin Watershed Board Cowichan Watershed Board Water Wealth (Chilliwack) Lake Windermere Columbia Network managing people in the watershed cumulative annual water balance flood control multiple local purposes hydroelectric irrigation water supply navigation recreation hydrologic unit hierarchy HUC 8 climatic water balance precipitation phase warming climate terrestrial ecosystems predicted water deficit 50 percent flow timing runoff John Abatzoglou Columbia River power system Canadian project dam in Canada Columbia River Treaty review impacts of dams pre-Treaty observed post-Treaty observed historical observed federal biological opinion lower summer flow flow pushed earlier in the year US regional review sovereign review team sovereign technical team basin-wide listening sessions recommendation to Department of State storage use spring and summer flow augmentation hydropower reduce CE implementation U.S. entity composition capacity adaptive management authority to review and adjust markets clearly defined rights adaptive planning transboundary governance mechanisms participatory right to participation resources to participate governance capacity adaptive capacity drought Australia California adaptive water allocation regulation planning self-organization property structure panarchy cross-scale networks appropriate redundancy nesting subsidiarity integration resource sectors persistence authority cross-scale interaction Protocols for Adaptive Water Governance Nigel Banks ecosystem function problem of scale Great Lakes Compact Great Lakes-St. Lawrence River Basin Water Resources Compact Agreement of 2005 sub-national agreement binding interstate compact regional body governors and premiers consultation with tribes water withdrawals Compact Council Advisory Committee legitimacy ability to learn dispute resolution management flexibility feedback mechanism forum clear lines of final authority Corps of Engineers dams Canadian dams federal dams non-federal dams blocked passage chum salmon chinook salmon steelhead sockeye salmon coho salmon white sturgeon bull trout Colorado River Basin hydrologic basin Upper Basin Lower Basin 1400 mile river seven U.S. states two states in Mexico 22 Indian reservations 11 national parks water to 40 million people irrigation of 5.5 million acres of land hydroelectric generation capacity 4200 megawatts annual natural flow Lees Ferry allocation of water uses consumptive use Law of the River compacts treaty legislation 1.5 million acre-feet to Mexico maf 8.5 maf to Lower Basin users 7.5 maf to Upper Basin users 17.5 maf per year rights of Indian tribes annual uses consumption and losses supplies averaging 13 maf Wyoming Utah Nevada Arizona New Mexico Hoover Dam Lake Mead Basin environmental interests extensive water development altered hydrology river conditions aquatic species loss increased salinity major multi-stakeholder programs dam releases backwater channels restoration invasive species removal restocking Delta in Mexico historical supply and use projected supply and demand management coordination of basin reservoirs existing demands offset depletions additional Lake Powell releases Lake Mead storage levels shortage declaration avoidance water conditions urban water demand system efficiencies water banking water from other sources desalinization cap on depletions water trading retirement of existing uses Lower Basin allocations 4.4 maf million acre-feet 2.8 maf 9.0 MAF annual inflows Lake Powell side channels 0.6 MAF evaporation 9.6 MAF annual Lower Basin diversions dead pool account balance outflow declining Lake Mead levels shortage sharing agreement water shortage risks system conservation actions proposed Lower Basin drought contingency plan Lake Mead elevation shortage reductions greatest volume of curtailments 2015 CAP entitlements Central Arizona Project non-contracted water additional contracted water non-tribal M&I contracts tribal contracts 2015 CAP deliveries other un-contracted project water NIA priority non-Indian agricultural priority Apache settlement water other contracted project water excess water 2007 Agreement shortage declaration CAP curtailments KAF thousand acre-feet Tier 1 curtailments Tier 2 curtailments municipalities tribes water managers share the burden water savings and efficiencies CAP water currently delivered available water volume during shortage remaining water sharing demand reduction increased flexibility excess pool local storage local supplies excess producers excess consumers ICS contribution Inter-AMA firming water exchange reconstructed streamflow Rio Grande Otowi Bridge Corn Maiden by Virgil Ortiz international and interstate river three states in U.S four states in Mexico Native American populations 19 pueblo communities 23 sovereign Native American nations acequias community-based water-governing systems Spain irrigation communities irrigation districts history of drought and flood From the Rio to the Sierra An Environmental History of the Rio Grande Dan Scurlock New Mexico historian Bill deBuys William deBuys intersection of Rio Chama and Rio Grande flood-plain agriculture ditch irrigation systems extreme cold famine irrigation water shortage drought response pueblo raids decrease in pueblo population desperation response Apaches raiding community religion science medicine men Catholic Spaniards 1680 Pueblo Revolt pueblo man Popé water supply cut socioeconomic drought higher-frequency storms loss of native grasses San Luis Valley grazing sheep more dirt in river Colorado embargo on federal lands no new irrigation systems drought of memory drought of 1950s efficiency response system improvements failure of predictive skills 1996 endangered species listing silvery minnow lawsuits scoundrel’s response Middle Rio Grande Conservancy District river drainage Defenders of Wildlife legal responses Texas lawsuit groundwater pumping on Rio Grande Pecos River federal responses treaties with Mexico no groundwater treaty reclamation projects 1929 Rio Grande Compact 1938 Compact lower intakes on reservoirs deep wells agricultural subsidies surface-groundwater connections gauging environmental science prior appropriation state constitution territorial code repartmiento de la agua dividing the water senior water rights of tribes states’ sharing agreements water sharing shortage sharing Reed Benson’s law review article John Fleck’s new book Water is for Fighting Over and Other Myths About Water in the West water for cooperating ancient wisdom vision for the future Treaty of Guadalupe Hidalgo Murray-Darling River Basin spirit of strengthening partnerships memories knowledge traditions living Aboriginal culture Aboriginal peoples’ guardianship land and waters of the Basin Queensland New South Wales A.C.T Australian Capital Territory Victoria South Australia Murray River Darling River irrigation area reserve park forest inflow variability major flood modelling inflows seven-year Federation drought Wimmera River end of commercial navigation Hume Dam big wet Murray Mouth dredging Adelaide water from Murray over-use impacts algal blooms loss of floodplain inundation National Water Initiative NWI Living Murray Initiative disconnected wetlands and floodplains growth in water diversions Water Act 2007 radical and permanent change sustainable balance demands of agriculture industry towns environment Basin Plan 2012 sustainable diversion limits surface water water trading rules environmental water strategy environmentally sustainable level of take connections between rivers social and economic impacts water resource plans water recovery cap on diversions adoption in Parliament scarce resource water demands conflicts 45 million population 64 million tourists 3.5 million irrigated acres Spanish governance system basin management unit legal and institutional framework integrated water resource management water uses restriction NHP national hydrological plan RBMPs river basin management plans DMPs drought management plans FRMPs flood risk management plans good status measures state ownership private use licensing regime user-pays principle users’ participation in water management Hydrological Union Confederation of the Ebro River associative formula between Administration and users Spanish river basin districts Spanish-Portuguese river basin districts transboundary basins Iberian Peninsula 1998 Albufeira Agreement cooperation between Portugal and Spain Regional Administrations Central Administration river basins with territory of more than one region autonomous regions governance bodies Presidency Governing Board management bodies Users Assembly Exploitation Board Reservoir-Withdrawal Commission Hydraulic Works Board planning and participation bodies River Basin District Water Council technical units President Water Public Domain General Secretariat Water Planning Office legal framework act approved by Parliament Act 10/2001 Water Act Act 29/1985 royal decree approved by government Hydrological Planning Regulation RD 907/2007 Public Water Domain Regulation RD 849/1986 Public Water Administration Regulation RD 927/1988 territorial scope basin authorities RD 650/1987 territorial scope intercommunity basins RD 15/2007 legal regime treated water reutilisation RD 162/2007 urgent measures regulation rights transactions RD Law 15/2005 urgent measures drought effect RD Law 9/2006 ministerial order approved by Ministry Hydrological Planning Instruction Arm 2656/2008 special action plans drought situations Order MAM 698/2007 IWRM policies Integrated Water Resources Management reservoirs main supply irrigation conductions conventional resources nonconventional resources desalination water reuse ecological flow requirements minimum seasonal flows maximum seasonal flows flow change rate flood flows harmonisation process consumptive water uses status of water bodies water demand satisfaction National Water Plan mandatory plans law and decrees water protection water use rights reformed Water Act in 1999 water planning objectives compulsory measures sanitation water treatment diffuse pollution water use efficiency ecological river restoration Spanish Water Act costs of water services environmental and resources cost water users River Basin Authorities abstraction water transportation pricing tools regulation fee water use tariff Spanish River Basin Organisations São Francisco Watershed 6 states and the Federal District 504 municipalities 16.14 million people 53% semi-arid climate social and economic discrepancies water access and control average flow agriculture until 1940’s 1940’s development program energy new water law – 9433 multiple uses water uses water availability São Francisco River Watershed Committee representatives sectors private sector users water pricing drought in Brazil São Francisco Water Transfer Project São Francisco River water to four other watersheds 2 main axes channel systems network of reservoirs central role of federal government funding operation mitigation main decision-maker negotiation water institutions Supreme Court civil society organizations States Ministério Público licensing processes prices impact over Natives institutional arrangement management board national water agency federal operator next conflict energy x other uses weak decentralization physical scarcity variability induced economic scarcity quality and scarcity socially determined scarcity operational determinants of scarcity creation of scarcity responses integrated Vaal River system 60% of South Africa’s economy 40% of population variability management management interventions maximum flood flow reliable flow reliable supplies greater productivity more investment storage and links variability related scarcity mitigation Vaal system’s footprint Sterkfontein Dam first major inter-basin transfer catchment problem-shed pollution acid mine drainage upside water quality overview salinity status salinity management strategy source controls monitoring programme saline effluent (AMD) treatment waste discharge charges dilution changing social priorities SA’s environmental Kuznets curve environmental priorities politically dominant group income conservative portfolio selection supply interventions fast tracking ecological Reserve impacts poor municipal management South African cities water loss non-revenue water programmes remedies systemic impact of municipal losses virtual water global agricultural trade water rich to water poor SADC’s global trade South African Development Community intra-SADC agricultural trade water poor to water rich green water blue water regional agricultural cooperation rain-fed crop production potential social impact of production shift sustainable intensification of local farming long water resource management cycle policy cycle technical planning and strategy cycle investment implementation drought cycle major drought event operational response operations cycle coherence sustainment coping with scarcity interbasin transfers interlinking of rivers interstate water disputes resolution Telugu Ganga convergence of substantive water politics and democratic politics federal cooperation multiparty federal democracies 2016 drought transfer from surplus basins to deficit basins transboundary rivers changing hydrological regimes eight river water disputes Interstate Water (River) Disputes Act 1956 River Boards Act 1956 Supreme Court’s jurisdiction exclusive and independent tribunals adjudication postcolonial condition reorganization of boundaries reterritorialization de-historicized policies degenerated practices extended litigations adversarial proceedings long delays transboundary water conflicts transboundary water cooperation political relations context institutions multi-scalar politics Maharashtra Karnataka Andhra Pradesh Telangana agonizing reorganization of boundaries two adjudication tribunals KWDT-I KWDT-II Krishna River dispute historical recurrence finest instance of interstate water cooperation and federalism three riparian states water contribution from shares Chennai city drinking water requirements Tamil Nadu non-riparian state Prime Minister Indira Gandhi Madras city Emergency (1975-77) DMK government rise of regionalism end of single party dominance N. T. Rama Rao of AP coalition consolidation Congress dominance non-congress governments Southern Council water scarce region Southern AP offtake point tensions between riparian states enhanced canal capacity rights over surplus waters key issue of contestation re-adjudication demand Supreme Court litigations constitutional and legal ambiguities institutional vacuum politicization permanent process contingent to politics progressive outcomes African Studies Aquaculture and Fisheries Asian Studies Climate Comparative and Foreign Law Environmental Health and Protection Environmental Policy Hydrology Indigenous Indian and Aboriginal Law Indigenous Studies International Law Latin American Studies Law and Society Natural Resources and Conservation Natural Resources Management and Policy Social Policy Sustainability Transnational Law Water Law Water Resource Management Blocked Passage British Columbia Canada Dam Lake Kenney Lawrence River McCoy McLeod Moses Ortiz Sockeye Wilkinson
Online Access:	https://scholar.law.colorado.edu/coping-with-water-scarcity-in-river-basins-worldwide/27 https://youtu.be/hkAi-BJFaKU

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Summary:	VIDEO: 8:00 a.m. - 8:10 a.m. Welcoming Remarks Speakers: Charles Wilkinson, Moses Lasky Professor of Law, University of Colorado School of Law Doug Kenney, Getches-Wilkinson Center SESSION ONE: The Challenge of Water Scarcity in Basins Around the World: An Introduction Moderator: Doug Kenney, Getches-Wilkinson Center Cases from North America 8:10 a.m. - 8:30 a.m. British Columbia (Canada): Oliver M. Brandes, University of Victoria 8:30 a.m. - 8:50 a.m. Columbia River Basin (Canada and US): Barbara Cosens, University of Idaho 8:50 a.m. - 9:10 a.m. Colorado River Basin (US and Mexico): Larry MacDonnell, University of Colorado 9:10 a.m. - 9:30 a.m. Arizona (US): Amy McCoy, University of Arizona 9:30 a.m. - 9:50 a.m. Rio Grande (US and Mexico): Adrian Oglesby, University of New Mexico Some Other Cases From Around the World 10:20 a.m. - 10:40 a.m. Murray-Darling River Basin (Australia): Tony McLeod, MDBA, Murray-Darling Basin Authority 10:40 a.m. - 11:00 a.m. Spain: Teodoro Estrela, Júcar River Basin Authority 11:00 a.m. - 11:20 a.m. São Francisco River Basin (Brazil): Vanessa Empinotti, Federal University of ABC 11:20 a.m. - 11:40 a.m. South Africa: Mike Muller, University of Witwatersrand 11:40 a.m. - 12:00 p.m. India: Srinivas Chokkakula, Centre for Policy Research

VIDEO: Opening Remarks and Session 1: The Challenge of Water Scarcity in Basins Around the World: An Introduction

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