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River systems around the world are degraded and are being used unsustainably. Meeting this challenge requires the development of flexible regimes that have the potential to meet essential consumptive needs while restoring environmental flows. This book focuses on how water trading frameworks can be repurposed for environmental water recovery and aims to conceptualise the most appropriate role for law in supporting recovery through these frameworks. The author presents a comprehensive study of the legal frameworks in four jurisdictions: the States of Oregon and Colorado in the western United States; the province of Alberta in Canada; and the Murray-Darling Basin in Australia/Basin State of New South Wales. A close comparative analysis of these four jurisdictions reveals a variety of distinctive regulatory arrangements and collaborations between public and private actors. In all cases, the law has been deployed to steer and coordinate these water governance activities. The book argues that each regime is based on a particular regulatory strategy, with different conceptions of the appropriate roles for, and relationships between, various actors and institutions. Legal frameworks do not have the capacity to rationalise and provide an overarching and absolute solution to the complex environmental and governance issues that arise in the context of environmental water transactions. Rather, the role of law in this context needs to be reconceptualised within the paradigm of regulatory capitalism as establishing and maintaining the limits within which regulatory participants can operate, innovate and collaborate.
Why is trade in wholesale water so rare, when markets can actively trade bread, tractors, and electricity? This book shows that water markets fail because of high transaction costs, resulting in inefficient allocations and unpredictable environmental effects. To overcome these obstacles, this book proposes a trading mechanism called a smart market. A smart market is an auction cleared with optimization. A smart market can reduce the transaction costs of water trading, while improving the environmental outcomes. The authors show why a smart market for water is needed, how it would work, and how to implement it. The smart market described here uses a hydrology simulation of the water resource, user bids via the internet, and mathematical optimization, to maximize the economic value of water while meeting all environmental constraints. The book provides the background to understand the smart market for water, and the detail to help the reader start working on its application. The book explores topics such as: Why water should be more expensive near sensitive environmental locations, Ways to set initial allocations of water rights, The role of regulatory oversight, The prerequisites of a water market, and How to counter objections to water markets. The culmination of a decade of investigation, this book combines explanation, examples, and detail to inform policymakers, large water users, environmental organizations, researchers, and a thirsty public.
Presents examples of how water markets are working in the United States and abroad and examines the development of water law.
In 1981 Chile's military government dictated a new Water Code that radically changed the country's previous water rights system by strengthening private property rights, favoring market incentives, and reducing state regulation. Against the Current: Privatization, Water Markets, and the State in Chile is the first empirical and interdisciplinary study of water markets in Chile, which is the leading international example of free market water policies. Against the Current: Privatization, Water Markets, and the State in Chile challenges the glowing reports given by neoliberals in Chile and the World Bank, showing that the results of this economic experiment have actually been rather mixed. Within the agricultural sector the Water Code has worked fairly well, although the market incentives to conserve water have been ineffective and water rights trading has been less active than expected. The Code's impact has been more negative at the level of river basins, where the institutional framework has revealed critical flaws in coordinating multiple water users and resolving conflicts. Against the Current: Privatization, Water Markets, and the State in Chile combines law, political economy, and geography to analyze the disadvantages, problems, and wider contexts of water markets. This book will appeal to everyone interested in property rights, market-friendly environmental policies, the political economy of sustainable development, and the intersection of economics with law and institutions.
Environmental Markets explains the prospects of using markets to improve environmental quality and resource conservation. No other book focuses on a property rights approach using environmental markets to solve environmental problems. This book compares standard approaches to these problems using governmental management, regulation, taxation, and subsidization with a market-based property rights approach. This approach is applied to land, water, wildlife, fisheries, and air and is compared to governmental solutions. The book concludes by discussing tougher environmental problems such as ocean fisheries and the global atmosphere, emphasizing that neither governmental nor market solutions are a panacea.
Water is becoming increasingly scarce. If recent usage trends continue, shortages are inevitable. Aquanomics discusses some of the instruments and policies that may be implemented to postpone, or even avoid, the onset of water crises. These policies include establishing secure and transferable private water rights and extending these rights to uses that traditionally have not been allowed, including altering in-stream flows and ecosystem functions. The editors argue that such policies will help maximize water quantity and quality as water becomes scarcer and more valuable. Aquanomics contains many examples of how this is being accomplished, particularly in the formation of water markets and market-like exchanges of water rights.Many observers see calamity ahead unless water supplies are harnessed and effectively conserved, and unless water quality can be improved. It is also clear that declining water quality is a serious problem in much of the world, as increasing human activities induce high levels of water degradation. Those who voice these concerns, argue the contributors to this volume, fail to consider the forces for improvement inherent in market political-economic systems that can address water issues. The contributors see water quality in economically advanced countries as improving, and they believe this establishes the validity of market-based approaches.
Exploring water scarcity issues in light of the growing crisis in global water management, this book examines the applicability of water markets. It provides an overview and understanding of the presence of water markets across the globe, analysing the ways in which different countries and regions are grappling with water scarcity.
In International Groundwater Law and the US-Mexico Border Region, Maria E. Milanes provides a study and analysis of the international groundwater law. The regulation and groundwater management along the US-Mexico border reflect the current international trends for management of transboundary groundwater. International Groundwater Law and the US-Mexico Border Region offers a new international legal and institutional framework to manage fossil aquifers and groundwater in conjunctive use with surface water, where specific guidelines and recommendations for water banking can improve water allocation and protect the environment. This framework can be adapted to any region of around the world. The US-Mexico border is the case study selected to apply and demonstrate the efficacy of this legal and institutional framework.