Adaptive Governance in the Headwaters: the Resilience and Law Project

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1 Adaptive Governance in the Headwaters: the Resilience and Law Project Barbara Cosens, University of Idaho College of Law, Waters of the West Lance Gunderson, Emory University, Environmental Sciences MTNCLIM 2014: Machida Session

2 Social-Ecological System Resilience, Climate Change and Adaptive Water Governance Barbara Cosens, University of Idaho / Lance Gunderson, Emory University Craig Allen, Univ. Nebraska, SNR, USGS Anthony Arnold, University of Louisville Melinda Benson, University of New Mexico, Brian Chaffin, EPA National Risk Management Research Laboratory Robin Craig, University of Utah Daniel DeCaro, University of Louisville Alex Fremier, Washington State University Ahjond Garmestani, EPA National Risk Management Research Laboratory Hannah Gosnell, Oregon State University Olivia O. Green, EPA National Risk Management Research Laboratory J.B. Ruhl, Vanderbilt University Edella Schlager, University of Arizona Mark Stone, University of New Mexico National Science Foundation DBI

3 COLUMBIA STUDY BASINS: to assess ecological resilience to climate change and identify the role of law in preventing or facilitating adaptive governance ANACOSTIA KLAMATH MIDDLE RIO GRANDE PLATTE EVERGLADES

4 Bridging: Three Concepts Ecological Resilience Changing Climate Adaptive Governance The Role of Law

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6 Ecological Resilience Source: Protecting and Enhancing Landscapes and Rural Communities, The Macaulay Land Use Research Institute alcommunitiesaims.php

7 Rapid Resilience Assessment Variables Diversity Variability Modularity Innovation Tight feedbacks Natural and Engineered Infrastructure CRB RRA through time Nat. and Eng. Services Innovation 6.0 Diversity 4.0 Variability Tight feedbacks Modularity

8 Panarchy: Gunderson and Holling Source: The Sustainable Scale Project derstandingscale/measuringscale/panarchy.aspx

9 Governance Governance: the process of resolving trade-offs and of providing a vision and direction..., management is the operationalization of this vision.... Governance includes laws, policies, regulation, institutions, and institutional structures that both enable and constrain the process of governing, but also the informal norms and interactions that influence decisions including those of private and nongovernmental actors.

10 Adaptive Governance Adaptive Governance enables society to navigate the dynamic, multi-scalar nature of social-ecological systems, and is an emergent phenomenon when the appropriate formal and informal organizations and institutions are present. AWG Project Question: what is the role of law in preventing, triggering, and facilitating Adaptive Governance?

11 Governance of Trajectories Maintain desired trajectory/ threshold identified Maintain desired trajectory/ resilience reduced Transformation Nat. and Eng. Services Innovatio n 6.0 Diversity Variabilit 4.0 y Modulari ty Tight feedback s

12 Maintain desired trajectory/ The role of law in identifying thresholds threshold identified ESA: listing CWA: WQS Water allocation: conflict Solutions Tools for adaptive management Collaborative processes Participatory capacity Source: First People

13 Maintain desired trajectory/ resilience reduced The Role of Law Identify crossed thresholds Species listing Water quality exceeded Water shortage Restoration authority/mandate Build capacity Tools -- adaptive management CRB RRA through time Nat. and Eng. Services Innovation 6.0 Diversity 4.0 Variability Tight feedbacks Modularity

14 Transformation RRA Situation Assessment Adaptive Governance Beyond Adaptive Governance Impact of pine bark beetle near Los Alamos, New Mexico from southwesternclimatechange.org

15 IUCN Protected Areas Workshop Situation assessment Uncertainty Complexity Conflict Scarcity Looming threshold Governance assessment Structure Capacity Process Source: World Wildlife Fund

16 Governance Assessment Structure Redundant Polycentric Nested Capacity Adaptive Participatory Process Legitimacy Procedural justice/selfdetermination Problem solving approach Balance stability and flexibility

17 Lessons for the Headwaters The use of Resilience Assessment and Situation Assessment to identify the appropriate governance trajectory Development of appropriate structure (networks), capacity, and processes to allow emergence of adaptive governance

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