Implementing the EU Water Framework Directive: Experiences of Participatory Planning in the Ribble Basin,North West England

Abstract

The Water Framework Directive (WFD) is potentially the most significant piece of water management legislation to be developed by the European Union (EU) in the last forty years. Whilst water legislation is already regarded by many people as the ‘gold plating’ of EU environmental policy, many of the previous regulations and policies have focussed on specific point and non-point source water quality problems and have stipulated stringent standards to be achieved within specified time limits. In sharp contrast, the WFD aims to establish a planning and management framework for sustainable use of water and the ecological restoration of entire river systems, many of which do not fit neatly within the political or administrative boundaries of the Member States. Public participation in planning and management decisions is a key aspect of the WFD. This paper describes the specific requirements of the WFD for public participation and examines their implementation in the Ribble basin in North West England. The Ribble is part of a EU river basin network designed to test the WFD implementation guidelines issued by the European Commission. Particular challenges associated with engaging stakeholders in WFD implementation are highlighted and recommendations for future practice are offered.     

流域管理中公众参与的探讨与思考

流域综合管理已成为水资源管理的有效模式.有效的公众参与成为流域综合管理成功的关键因素.对公众参与流域管理内涵、流域管理中相关利益群体分析及有效的公众参与方式三方面进行总结与探讨,提出随着流域良治理念的深入,有效的流域管理公众参与需要对相关利益群体进行界定,应用多学科方法与工具吸引尽可能全面的参与者与群体,并在参与过程中加深公众对管理行为的理解,提升公众的参与能力,从而引导公众对环境做出科学决策,同时认为,尽可能全面而广泛的流域管理公众参与将是实现流域良治的有效途径.     

Transjurisdictional Water Pollution Disputes and Measures of Resolution: Examples from the Yellow River Basin,China

Abstract

Transjurisdictional water pollution problems are increasing in number and are becoming a significant governance problem in China. A large number of transjurisdictional water pollution disputes that have far-reaching social effects are occurring between provinces and are also frequent between municipalities, counties, towns, and villages. In this paper, several transjurisdictional water pollution cases in China, particularly in the Yellow River Basin, are discussed. The problems and causes for transjurisdictional water pollution are addressed. There are many causes for transjurisdictional water pollution problems although the key reasons are the rapid economic development, the failure of local authorities to enforce the existing laws and to implement administrative decisions, as well as inadequacies in the legal framework. Other factors include poor technology, shortage of funds, the institutional division of jurisdiction and management over water quantity and quality both administratively and legally, the lack of transparency in the decision-making process, insufficient public participation and information disclosure, poor communication, and lack of involvement of stakeholders in basin or sub-basin organizations.     

我国水权制度建设与当前水资源管理制度的关系及问题分析

分别从区域水权制度与总量控制制度的关系及问题、用户水权与取水许可制度的关系及问题、流域水权与跨流域调水的关系及问题、其他涉水管理制度与法规体系同水权制度的关系及问题等4个方面进行了论述。指出目前我国以水行政管理为主体的水资源管理制度与水权制度理论不协调的问题,并提出对现有的水资源管理体制机制进行改革的建议。     

松辽流域初始水权分配协商机制研究

民主协商在流域初始水权分配中具有不可取代的程序价值和实质价值,是建立流域"良治"框架的重要内容.在分析国外水资源分配管理中协商机制的组织框架和运作形式基础上,结合我国流域管理实际,提出应确立以联席会议为协商形式的两级协商体制,并就构建松辽流域初始水权分配协商机制的总体思路、原则、组织机构、内容、形式、程序、争议解决等关键性问题进行了深入研究,为构建流域民主协商提供了必要的制度框架.     

跨流域调水水权分配与水市场运行机制初步探讨

为了保证调水工程正常运行,更有效地提高调水的利用效率,建立水权制度和水市场是必要的。根据国内外水权管理及水市场应用的理论和实践,探讨了跨流域调水初始水权分配、水权交易及水市场运行机制和制度化建设框架,提出了跨流域调水初始水权分配方法、水市场的3级结构。讨论了交易价格、水市场的运行模式和应注意的问题。     

The evolution of water governance in France from the 1960s: disputes as major drivers for radical changes within a consensual framework

ABSTRACT

This paper provides a synthetic presentation of French water governance and its evolution since the 1960s. Through this French experience, it discusses the Organisation for Economic Co-operation and Development (OECD) water governance cycle showing disputes as the main drivers of change. France has been a pioneer in introducing water river basin management some 50 years ago. It is also noted for its water services management by local authorities, leaving a significant role to private and public companies. But French water governance has not been frozen since the 1960s and continues to change radically within a framework based upon its unique history.     

Transforming participation in water governance: the multisectoral alliances of rural water committees and NGOs in Nicaragua

Abstract

This paper examines new forms of political participation on the part of rural water committees in Nicaragua in the mid-2000s. In particular, it explores the role of multisectoral alliances in facilitating water committees’ (1) physical mobility and political visibility, (2) political and legal capacity-building, and (3) access to state channels of representation. Contributing to theories of social capital, this case reveals a transformation of participation in water governance from locally grounded collective action for water management to engagement in public policy processes. In practical terms, the paper casts lessons for improved water governance via more inclusive policy processes.     

改革中央水利国有资产管理体制的理论思考

改革水利行政事业性资产管理体制的原则是“中央、地方分级所有,水利部、流域机构分级监管,行政事业单位占有使用”。改革的思路是建立一个“权责明确,监管有力,配置灵活,有效使用”的管理体制,改革水利经营性资产管理体制与运行机制的思路是“构造运营主体,实现所有权与经营权相分离,引入竞争机制,实现运营主体产权多元化;强化约束激励机制,统筹兼顾各方利益”。流域控制性水利工程资产产权必须归流域机构,这是流域控制性资产的公益性质所决定的。     

A SDSS-based Ecological-economic Modelling Approach for Integrated River Basin Management on Different Scale Levels – The Project FLUMAGIS

Spatial and planning support for the implementation of the European water framework directive (WFD) requires interdisciplinary approaches for assessment, deficit analysis, and scenario investigation. To support the implementation of the WFD, the paper presents the innovative spatial decision support system (SDSS) approach from the FLUMAGIS project which is based on the integration of methods for ecological and socio-economic assessment, scale-specific modelling, knowledge processing and techniques for visualization. The project has developed an interactive tool for the assessment and (three-dimensional) visualization of the hydrological and ecological conditions in river basins and economic aspects of river basin management measures. The tool is designed to increase awareness of catchment scale hydrological and ecological issues. The paper presents the structure of the FLUMAGIS prototype and provides examples of scale-specific recommendations for management measures to improve water quality and hydrologic conditions in the Upper Ems river basin (Northwest Germany).     

Asymmetry and Equity in Water Resources Management; Critical Institutional Issues for Southern Africa

Water users wish to achieve the highest benefits from water resources. Rules limit the manner in which water users may utilise the water resources occurring within their constituencies or territories. However an asymmetrical situation exists whereby downstream users may not affect upstream users but upstream users do cause downstream impacts. Because of this asymmetry the equitable sharing of water resources between upstream and downstream users will always imply that upstream users have to forego some potential water benefits. The general question that this paper addresses is: which institutional arrangements can be devised to (re-)establish an equilibrium between up- and downstream entities within a catchment area or river basin? The paper addresses this question by first focusing on some local and national water allocation arrangements. After briefly reviewing the different management regimes, customary and colonial, that co-evolved in Southern Africa, it assesses the water management principles that are currently being espoused. The focus then turns to the principles in international water law that deal with the allocation of water in transboundary river basins. It is concluded that it often proves difficult to reach agreement over how to share the scarce resource. The paper then discusses the current trend to look beyond water and beyond the river basin when seeking peaceful means to share a common water resource. The concept of “hydrosolidarity” emerges as a normative value that may help to recreate a balance between the various (asymmetrical) interests that exist within a river basin. The paper concludes that water resources can only be governed wisely is there is capacity to understand and monitor the water fluxes within a river basin. If such capacity is wanting, priority should be given to strengthen it.     

对水资源统一管理与综合管理问题的探讨

水资源作为基础性的自然资源、战略性的经济资源和公共性的社会资源，其管理既包括流域及水行政主管部门宏观层面的统一管理，又包括其他部门和社会公众参与等微观层面的综合管理。必须从城乡统一、优化配置、环境保护、战略储备、市场运作和法律保障等方面建立起可持续利用的支撑体系。     

关于石羊河流域水权制度改革的调查研究

水权制度改革是保证流域生态治理取得成功的关键措施,公众参与与公众反响是保证和衡量流域水权制度改革成效的重要因素。在统计分析283份问卷调研数据的基础上,从石羊河流域水权改革宣传与政策落实、分配水权和现行水价、水权改革成效满意度以及水权交易与水市场建设等方面分析了公众反响结果,总结指出了石羊河流域水权制度改革存在的问题并提出建议,以期为石羊河流域后期重点治理提供有益的参考借鉴,从而对石羊河流域生态环境改善和经济社会持续发展起到积极的促进作用。     

莱茵河水资源国际合作治理困境与突破

为探索莱茵河流域沿岸国家如何突破水资源合作治理的集体行动难题,分析了合作过程中存在的治理困境和关键性因素。莱茵河流域水污染问题从普通环境问题上升为国际政治议题进而成为沿岸国家的政治承诺,经历了利益相关者相互抗衡与博弈的漫长过程,经济发展与环境保护之间的权衡、外部性问题和不确定性带来的高成本成为实现合作难以突破的困境,问题压力程度、非政府行动者参与程度、制度弹性、社会政治经济同质性、社会资本存量等是突破合作困境的关键性要素。我国在跨界流域水资源的利用、开发和治理中应注重建立对话沟通机制,提供合作平台,培养互信关系;提倡多中心的制度安排,保持制度弹性;加强水质监控和预警网络建设;引导公众参与,发挥公众监督作用。     

A Comparative Study of the Performance of Public Water Rights Allocation in China

Pubic water rights allocation, in which water resources are allocated to users administratively as shared public property, is an effective and powerful policy for water resource management. Dozens of public water right allocation systems have been established in China since 1998 without any unified standard across the country. An indicator-based assessment approach, based on equity, efficiency and sustainability, is proposed in this study to evaluate the performance of public water rights allocation systems in China in a quantitative way. The approach was applied in 11 river basins of China in which water rights have been defined. The results show that the performance of the allocation systems depends on the spatial density and exploitation ratio of the water resources. The performance of allocated water rights systems is better in river basins with greater resource densities and smaller water exploitation ratios. This assessment approach is very useful for evaluating policy options for public water rights allocation with appropriate consideration of the local conditions of the river basins.     

Hungarian Experiences with Public Participation in Water Management

Abstract

The paper reviews the experience of public participation in water management decisions since the political transition in Hungary. Ongoing practices of public participation are examined through the critical analysis of three cases: (i) the Gabcikovo-Nagymaros dam project which has been known as the source of Europe's longest and most complex transboundary environmental conflict; (ii) the development of water quality legislation by the national government; and (iii) an integrated land use planning project in the region of the Szentendrei-island. Based on the above cases, factors promoting and hindering effective public participation are identified. Key promoting factors include the activity and professionalism of civil society organizations, the financial support provided by international funding agencies and other foreign sponsors, the methodological support provided by professional organizations, and the social learning process taking place in the society. Factors hindering effective public participation include the resistance to public participation on the part of several public officials and planners, the lack of methodological knowledge to manage public participation procedures effectively, the lack of interest and passivity on the part of the public, the lack of trust between various stakeholders, and some recent negative trends in the development of civil society. It is concluded that although the existence of a legal framework, which allows for the possibility of public involvement, is a necessary precondition for comprehensive public participation, but it must be supplemented by other elements that facilitate public participation.     

The Need and Requirements for Modernizing Surface Water Quality Monitoring in the Russian Federation

Abstract

Water quality monitoring in the Russian Federation faces political, technical, institutional, and financial problems. The current Russian model for gathering and production of water quality data is unreliable, out-of-date, and disconnected with current water management issues. While insufficient financing and ineffective legislation are the most obvious limitations, more importantly there is a need for a major overhaul of the program that would begin with a national framework for water quality management. This framework would provide for legal, institutional, and technical modernization of the program within a clearly-defined set of national goals for water quality management. The monitoring program in use in Russia is the legacy of the former USSR. The current growth of national priorities in terms of control and improvement of surface water quality is in contrast to the nation's decreasing ability to provide appropriate information within sustainable technical and institutional environments and that is affordable. This situation requires a new model based on the development of a flexible monitoring system focusing on water quality management. Ensuring financial stability of the monitoring system requires having a transparent and consistent program meeting the specific demands of water management. This, in turn, requires resource-saving methods and innovative relationships between agencies and with the private sector allowing cost reductions for the government.     

A Combined Methodology for Transboundary River Basin Management in Europe. Application in The Nestos–Mesta Catchment Area

Water management has been the focus of research, not only because of water scarcity, but also as a result of its sharing across national boundaries. Approximately 40% of the global population lives in tranboundary water basins, shared by more than one country, emphasizing the need for concerted management of transboundary water bodies and harmonization of policies. Under this view, water should be managed in an internationalized way, integrating methodologies and techniques used in natural as well as social sciences. Public participation and information are vital procedural safeguards of transboundary water recourses management and sustainable regional development. The paper presents a combined methodology based on traditional engineering oriented tools on the one hand and interactive public participation procedures on the other, applied in the Greek–Bulgarian transboundary Mesta/Nestos river basin.     

The legal framework for river use in the United States

Use and development of rivers takes place within a complex legal framework that guides the actions of interested parties holding conflicting values. One of the major components of this legal framework is state water allocation law. This law takes several forms among the states, but its basic function is to establish rules for water use by assigning property rights in water. Another component of the legal framework for river use addresses the public access issue. The primary focus here is establishment of the boundary between the exclusive rights of landowners and the rights of the general public to use the surface and underlying beds of waterways. A third component consists of governmental controls over water use and development. These controls restrict the exercise of private property rights in the resource. From an initial focus of protecting the public right of navigation, this law has expanded to include protection of water quality and a variety of other environmental values. The current legal framework provides a relatively sound basis for balancing competing values and interests, but problems exist. For example, the division of water management responsibilities between the federal and state levels of government sometimes results in conflict, and existing procedures for managing conflict related to proposals for water transfer do not appear to be adequate. Therefore, the current framework will not remain static; it must continue to evolve in order to operate more effectively and to incorporate future increases in knowledge and the associated changes in values and management needs.