Suchergebnisse

The Klamath River Basin straddles northern California and southern Oregon and has been the locus of a century-long struggle for multivalent resilience—resilience of resident Native American tribes in the face of settlement by Europeans and others, resilience of immigrant settlers pursuing agriculture in a water-limited environment, and resilience of native ecosystems and fish species in the face of significant hydrologic fragmentation via dams and irrigation infrastructure resulting in severely reduced access to and changes in habitat. Recently, however, the communities of the Klamath Basin have worked together in an effort to transform regional environmental governance to promote greater resilience across all these valences. This article uses the four-phase adaptive cycle model that Lance Gunderson and C.S. Holling described in 2002 to trace the history of the Klamath Basin social-ecological system ("SES") through periods characterized by vulnerability, resilience, and transformation. We conclude that while Klamath Basin stakeholders have worked out a compromise settlement that may signify the emergence of a new, more resilient regime of environmental governance, the Basin's future is uncertain. We identify important thresholds that, if triggered, could move the SES into alternate regimes, and we consider whether formalization of emergent institutions through legislation might influence this trajectory.

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience.We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship.

The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal irrigation projects subject to ESA Section 7 prohibitions on federal agency actions likely to jeopardize listed species or adversely modify critical habitat. Scholarship on Section 7 characterizes the process as unwaveringly rigid, the legal "hammer†forcing federal agencies to consider endangered species' needs when proposing operations and management plans for federally funded irrigation. In this paper, we identify barriers to an integrated approach to Section 7 implementation and characterize a set of strategies for overcoming its rigidity that may have broader applicability. We draw on lessons derived from the Klamath Basin along the Oregon-California border, where cross-scale processes and venues involving interagency collaboration among leaders in the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the U.S. Bureau of Reclamation supported efforts to replace an ecologically and socially fragmented Upper Basin/Lower Basin approach to ESA implementation fraught with conflict. The result was the nation's first joint biological opinion (BiOp), which effectively institutionalized an adaptive, flexible, integrated approach to water sharing among competing interests. Keys to success included existing collaborative capacity related to shifting stakeholder networks, trust, and relationships and a shift in local agency culture facilitated by empathic leadership leading to a greater sense of shared responsibility for Section 7 compliance. A collaborative hydrologic modeling process enhanced participatory capacity, facilitated transformative social and technical learning, and cultivated greater understanding of the social-ecological system among key stakeholders. The 2013 joint BiOp exemplifies both governmental capacity for flexibility and evolution within the ...

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. ; National Socio-Environmental Synthesis Center (SESYNC) - National Science Foundation [DBI-1052875] ; Open Access Journal. ; This item from the UA Faculty Publications collection is made available by the University of Arizona with support from the University of Arizona Libraries. If you have questions, please contact us at repository@u.library.arizona.edu.