The book reviews the history, current status, and case law related to western water while reveali... more The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases.https://digitalcommons.law.uidaho.edu/facw_bkcntri/1073/thumbnail.jp
Practical Panarchy for Adaptive Water Governance, 2018
This chapter introduces the volume on Practical Panarchy: Linking Law, Resilience, and Adaptive W... more This chapter introduces the volume on Practical Panarchy: Linking Law, Resilience, and Adaptive Water Governance of Regional Scale Social-Ecological Systems. It begins by defining the terminology and theoretical concepts to present the bridging framework among ecological resilience, governance, and law relied on throughout this volume and then introduces this three-part volume. Part I presents the effort to assess resilience and transformation in riverine and wetland social-ecological systems in six US watersheds (the Anacostia River, Columbia River, Everglades wetlands, Klamath River, Middle Rio Grand River, and central Platte River) and one Australian system (the Lake Eyre and Great Artesian basin). Part II focuses on the legal dimensions of watershed governance that directly relate to ecological resilience and transformability of the social-ecological systems and synthesizes the results of the basin assessments to advance the understanding of the role of law and governance as a trigger, facilitator, or barrier to adaptation and transformation in the face of rapid environmental change, including shifting climate. Part III looks at the broader relation between social-ecological resilience and governance through synthesis of the basin assessments and resort to the broader literature on institutions and governance. As a whole, this volume presents the results of a 3-year pursuit on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of regional scale watersheds as they respond to accelerating environmental change.
For 48 years, the United States and Canada have cooperatively shared the management of the Columb... more For 48 years, the United States and Canada have cooperatively shared the management of the Columbia River under the Columbia River Treaty (CRT). The Treaty has provided both parties with significant direct benefits from flood control and power generation and indirect benefits of economic growth in the Pacific Northwest. While not without flaws, the CRT has been hailed as “one of the most successful trans-boundary water treaties based on equitable sharing of downstream benefits”. In 2012, it is time to think about the future of the Columbia River Treaty. Under international law, the U.S. and Canada may agree to modify or terminate the Treaty at any time. The CRT contains no automatic expiration date but either party may unilaterally terminate portions of the Treaty beginning in 2024 by providing notice by 2014. The parties and other stakeholders in the Columbia River Basin have already begun to think about what a future treaty might look like. Should the status quo continue? If not, ...
In the face of a myriad of complex water resource issues, traditional disciplinary separation is ... more In the face of a myriad of complex water resource issues, traditional disciplinary separation is ineffective in developing approaches to promote a sustainable water future. As part of a new graduate program in water resources, faculty at the University of Idaho have developed a course on interdisciplinary methods designed to prepare students for team ⴀbased interdisciplinary
Part of the Aquaculture and Fisheries Commons, Comparative and Foreign Law Commons, Environmental... more Part of the Aquaculture and Fisheries Commons, Comparative and Foreign Law Commons, Environmental Health and Protection Commons, Environmental Policy Commons, Hydrology Commons, Indian and Aboriginal Law Commons, Law and Society Commons, Native American Studies Commons, Natural Resources and Conservation Commons, Natural Resources Management and Policy Commons, Social Policy Commons, Transnational Law Commons, and the Water Resource Management Commons
Resilience theory, also known as resilience thinking, has emerged as a powerful theoretical frame... more Resilience theory, also known as resilience thinking, has emerged as a powerful theoretical framework for many disciplines. Legal theorists have, however, only in the past decade begun to contextualize resilience thinking for legal systems. This chapter summarizes where resilience thinking has gone thus far in legal theory and recommends where it should go from here. The authors start by asking the two fundamental questions of resilience thinking, putting them in the context of legal systems: resilience of what and resilience to what? Because of the special role legal systems play in the governance of complex social-ecological systems, the authors add a third question: resilience for what? We then explore five key features of system resilience as they relate to legal systems: (a) reliability, (b) efficiency, (c) scalability, (d) modularity, and (e) evolvability. Using environmental law as a case study, the discussion offers concrete examples of how each property manifests and operat...
Los problemas socioambientales a menudo son complejos y sus soluciones requieren de un enfoque in... more Los problemas socioambientales a menudo son complejos y sus soluciones requieren de un enfoque interdisciplinario. En la actualidad, los científicos y tomadores de decisiones formados en programas de posgrado no cuentan con suficiente formación en métodos y herramientas interdisciplinarias que les permita lograr un enfoque efectivo a la solución de problemas socioambientales. En este artículo, caracterizamos y analizamos dos programas interdisciplinarios de posgrado en universidades del oeste de Estados Unidos, y desglosamos: i) las características de las instituciones y de la institucionalización;ii)las contribuciones (inter)disciplinarias; iii) los proyectos socioambientales del pasadoy del presente;iv) los planes de estudio con sus métodos, cursos y éticas propios;v) los requisitos de tesis/trabajo de titulación;vi) las características de los profesores y alumnos, y,vii) el mercado de trabajo para los alumnos. La síntesis final incluye cinco lecciones aprendidas para tener un pro...
Adaptive governance and adaptive management have developed over the past quarter century in respo... more Adaptive governance and adaptive management have developed over the past quarter century in response to institutional and organizational failures, and unforeseen changes in natural resource dynamics. Adaptive governance provides a context for managing known and unknown consequences of prior management approaches and for increasing legitimacy in the implementation of flexible and adaptive management. Using examples from iconic water systems in the United States, we explore the proposition that adaptive management and adaptive governance are useful for evaluating the complexities of trade-offs among ecosystem goods and services.
The book reviews the history, current status, and case law related to western water while reveali... more The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases.https://digitalcommons.law.uidaho.edu/facw_bkcntri/1073/thumbnail.jp
Practical Panarchy for Adaptive Water Governance, 2018
This chapter introduces the volume on Practical Panarchy: Linking Law, Resilience, and Adaptive W... more This chapter introduces the volume on Practical Panarchy: Linking Law, Resilience, and Adaptive Water Governance of Regional Scale Social-Ecological Systems. It begins by defining the terminology and theoretical concepts to present the bridging framework among ecological resilience, governance, and law relied on throughout this volume and then introduces this three-part volume. Part I presents the effort to assess resilience and transformation in riverine and wetland social-ecological systems in six US watersheds (the Anacostia River, Columbia River, Everglades wetlands, Klamath River, Middle Rio Grand River, and central Platte River) and one Australian system (the Lake Eyre and Great Artesian basin). Part II focuses on the legal dimensions of watershed governance that directly relate to ecological resilience and transformability of the social-ecological systems and synthesizes the results of the basin assessments to advance the understanding of the role of law and governance as a trigger, facilitator, or barrier to adaptation and transformation in the face of rapid environmental change, including shifting climate. Part III looks at the broader relation between social-ecological resilience and governance through synthesis of the basin assessments and resort to the broader literature on institutions and governance. As a whole, this volume presents the results of a 3-year pursuit on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of regional scale watersheds as they respond to accelerating environmental change.
For 48 years, the United States and Canada have cooperatively shared the management of the Columb... more For 48 years, the United States and Canada have cooperatively shared the management of the Columbia River under the Columbia River Treaty (CRT). The Treaty has provided both parties with significant direct benefits from flood control and power generation and indirect benefits of economic growth in the Pacific Northwest. While not without flaws, the CRT has been hailed as “one of the most successful trans-boundary water treaties based on equitable sharing of downstream benefits”. In 2012, it is time to think about the future of the Columbia River Treaty. Under international law, the U.S. and Canada may agree to modify or terminate the Treaty at any time. The CRT contains no automatic expiration date but either party may unilaterally terminate portions of the Treaty beginning in 2024 by providing notice by 2014. The parties and other stakeholders in the Columbia River Basin have already begun to think about what a future treaty might look like. Should the status quo continue? If not, ...
In the face of a myriad of complex water resource issues, traditional disciplinary separation is ... more In the face of a myriad of complex water resource issues, traditional disciplinary separation is ineffective in developing approaches to promote a sustainable water future. As part of a new graduate program in water resources, faculty at the University of Idaho have developed a course on interdisciplinary methods designed to prepare students for team ⴀbased interdisciplinary
Part of the Aquaculture and Fisheries Commons, Comparative and Foreign Law Commons, Environmental... more Part of the Aquaculture and Fisheries Commons, Comparative and Foreign Law Commons, Environmental Health and Protection Commons, Environmental Policy Commons, Hydrology Commons, Indian and Aboriginal Law Commons, Law and Society Commons, Native American Studies Commons, Natural Resources and Conservation Commons, Natural Resources Management and Policy Commons, Social Policy Commons, Transnational Law Commons, and the Water Resource Management Commons
Resilience theory, also known as resilience thinking, has emerged as a powerful theoretical frame... more Resilience theory, also known as resilience thinking, has emerged as a powerful theoretical framework for many disciplines. Legal theorists have, however, only in the past decade begun to contextualize resilience thinking for legal systems. This chapter summarizes where resilience thinking has gone thus far in legal theory and recommends where it should go from here. The authors start by asking the two fundamental questions of resilience thinking, putting them in the context of legal systems: resilience of what and resilience to what? Because of the special role legal systems play in the governance of complex social-ecological systems, the authors add a third question: resilience for what? We then explore five key features of system resilience as they relate to legal systems: (a) reliability, (b) efficiency, (c) scalability, (d) modularity, and (e) evolvability. Using environmental law as a case study, the discussion offers concrete examples of how each property manifests and operat...
Los problemas socioambientales a menudo son complejos y sus soluciones requieren de un enfoque in... more Los problemas socioambientales a menudo son complejos y sus soluciones requieren de un enfoque interdisciplinario. En la actualidad, los científicos y tomadores de decisiones formados en programas de posgrado no cuentan con suficiente formación en métodos y herramientas interdisciplinarias que les permita lograr un enfoque efectivo a la solución de problemas socioambientales. En este artículo, caracterizamos y analizamos dos programas interdisciplinarios de posgrado en universidades del oeste de Estados Unidos, y desglosamos: i) las características de las instituciones y de la institucionalización;ii)las contribuciones (inter)disciplinarias; iii) los proyectos socioambientales del pasadoy del presente;iv) los planes de estudio con sus métodos, cursos y éticas propios;v) los requisitos de tesis/trabajo de titulación;vi) las características de los profesores y alumnos, y,vii) el mercado de trabajo para los alumnos. La síntesis final incluye cinco lecciones aprendidas para tener un pro...
Adaptive governance and adaptive management have developed over the past quarter century in respo... more Adaptive governance and adaptive management have developed over the past quarter century in response to institutional and organizational failures, and unforeseen changes in natural resource dynamics. Adaptive governance provides a context for managing known and unknown consequences of prior management approaches and for increasing legitimacy in the implementation of flexible and adaptive management. Using examples from iconic water systems in the United States, we explore the proposition that adaptive management and adaptive governance are useful for evaluating the complexities of trade-offs among ecosystem goods and services.
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