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

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Presentation on theme: "Climate Variability and Human Adaptation: Some Thoughts on the Water Law and Policy Environment Doug Kenney, Ph.D. Natural Resources Law Center University."— Presentation transcript:

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2 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

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

4 A Few Observations About the Policy Environment

5 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

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

7 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)

8 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.

9 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

10 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)

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

12 Best Coping Strategies Entail Risk Management Reduce Risks Re-Allocate Risks

13 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

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


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