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Climate Variability and Human Adaptation: Some Thoughts on the Water Law and Policy Environment

Climate Variability and Human Adaptation: Some Thoughts on the Water Law and Policy Environment. Doug Kenney, Ph.D. Natural Resources Law Center University of Colorado. Policy-Makers Generally Don’t Listen to Climate Scientists. Language barrier Not a fixable problem

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Climate Variability and Human Adaptation: Some Thoughts on the Water Law and Policy Environment

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  1. Climate Variability and Human Adaptation: Some Thoughts on the Water Law and Policy Environment Doug Kenney, Ph.D. Natural Resources Law Center University of Colorado

  2. Policy-Makers Generally Don’t Listen to Climate Scientists • Language barrier • Not a fixable problem • The problem is being handled • One Exception: Drought

  3. A Few Observations About the Policy Environment

  4. We’re Not All in This Together • Senior or junior rights • Served by stored water or natural flows • Served by groundwater or surface water • Ability to fallow lands without permanent damage • Recognized by law as a beneficial user

  5. Rational (smational) • Mirage of basin planning • Using climate forecast information is risky (professionally) • Water management is inefficient by design

  6. Mirage of Basin Planning • Inland Waterways Commission (1908, 1910, 1912) • President’s Committee on Water Flow (1934) • National Resources Committee (1935) • Hoover Commissions (1949, 1955) • President’s Water Resources Policy Commission (1950) • Interagency Committee on Water Resources (1954) • President’s Advisory Committee on Water Resources Policy (1956) • Senate Select Committee on National Water Resources (1961) • National Water Commission (1973) • Western Water Policy Review Advisory Commission (1998)

  7. Using Climate Forecast Information is Risky • Mistakes are tolerated if conventional techniques are used; mistakes are not tolerated if “innovative” techniques are used. • Two factors can encourage use of climate information: (1) peer pressure, (2) customer demand.

  8. Water Management Regimes are Inefficient by Design • Designed to serve antiquated allocations • Expectation to serve all new demands • Large safety margins are inherently inefficient • Water is free (and distribution is subsidized); power is cheap

  9. Even Without Climate Change, Vulnerability to Drought is Increasing • Population growth • Trends in water law and policy reform (more uses recognized as valid; restrictions on new development; reforms take advantage of the “slop” in the system)

  10. Real Long-Term Solutions are Generally Off the Table • New development (most new projects are doomed unless they are non-traditional) • Limit population growth

  11. Best Coping Strategies Entail Risk Management • Reduce Risks • Re-Allocate Risks

  12. How to Reduce Risk? • Promote saved (or salvaged) water • Promote conservation (four major strategies: (1) voluntary appeals, (2) price signals, (3) technology, and (4) mandates) • Improve project and water system efficiency

  13. How to Re-Allocate Risk? • Permanent water transfers • Temporary transfers: • Subordination agreements • Dry-year options • Lease-back arrangements • Water banks

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