CLIMATE CHANGE, WATER, ADAPTATION, & POLICY

Transcription

1 CLIMATE CHANGE, WATER, ADAPTATION, & POLICY Arlene Kwasniak Professor Emerita of Law Senior Research Fellow - Canadian Institute of Resources Law Faculty of Law, University of Calgary Adjunct Professor EVDS

2 About A. Kwasniak, CIRL Occasional Paper Climate Change and Water: Law and Policy Options for Alberta (March 2017, Funded by the Alberta Law Foundation) Ø focuses on adaptation rather than mitigation Ø identifies climate change/water/policy intersections (nexuses) Ø selects 3 nexuses: climate change (CC) and instream flow and needs; CC and water supplies; CC and stormwater management q for each selected nexus explores the nature of the topic q climate change connections and impacts q Ideal Law and Policy Framework that is climate change ready, has adaptation in place, and is resilient with respect to the nexus q current Alberta law and policy q suggestions for law and policy change Ø Paper available online or hardcopy for purchase from the Canadian Institute of Resources Law, 3353 MFH, U of C

3 CLIMATE CHANGE, WATER, ADAPTATION, POLICY Adaptation, mitigation Overview of select climate change /water/policy nexuses, adaptation actions, and policy issues Five key steps towards CC adaptation

4 MITIGATION? ADAPTATION? Mitigation: An anthropogenic intervention to reduce the sources or enhance the sinks of greenhouse gases (IPCC, 2001a). Adaptation: Adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities (IPCC, 2001a). Mitigation: deals with the causes of climate change (CC): - reduce CO 2 and other GHG gasses use so they will not be emitted into the atmosphere, by, e.g. reducing/phasing out fossil fuels; - switch to renewable forms of energy production that emit less GHGs; - remove GHGs from the atmosphere by planting forests as carbon sinks, or using other carbon sinks, etc. Adaptation: deals with the effects of CC: - change agricultural crops and practices to use less water, and to adjust to higher temperatures, deal with different pests; - adjust stormwater systems for more frequent floods and severe weather; - change forestry practices for CC; - incorporate more water conservation measures, etc.

5 CLIMATE CHANGE AND WATER : NEXUSES AND ADAPTATION QUESTIONS More drought, warmer, drier climate, more evaporation, glacier melt, heavier rainfall, more flood events, more variable, less predictable climate, more climatic extremes, faster runoff into water ways, more turbidity -> less moisture, more variable weather wildfires -> less instream flow, (warmer temperatures, drought and evaporative losses) -> less supply, more water use conflicts, government strife, litigation -> Aboriginal water entitlements -> changes to channel form, riparian areas, property boundaries, impacts on river infrastructure -> Greater reliance on groundwater -> groundwater/surface water impacts, aquifer depletion -> Problems with meeting interjurisdictional water supply agreements -> bacteria growth and rise in waterborne diseases -> impacts on stormwater management at all levels domestic, municipal, other -> Energy impacts -> Transportation impacts -> Eco-region shifts, impacts on wildlife and habitat -> Eco region shifts, declining soil moisture, pest survival -> forest, grassland, and crop impacts -> Impacts on conservation lands including conservation easements -> Population shifts (climate change refugees), growth in some areas, increased water demand -> societal, human rights, issues -> emergency response readiness ETCETERA..

6 CLIMATE CHANGE AND WATER : NEXUSES AND ADAPTATION QUESTIONS More drought, warmer, drier climate, more evaporation, glacier melt, heavier rainfall, more flood events, more variable, less predictable climate, more climatic extremes, faster runoff into water ways, more turbidity -> less moisture, more variable weather wildfires -> less instream flow, (warmer temperatures, drought and evaporative losses) -> less supply, more water use conflicts, government strife, litigation -> Aboriginal water entitlements -> changes to channel form, riparian areas, property boundaries, impacts on river infrastructure -> Greater reliance on groundwater -> groundwater/surface water impacts, aquifer depletion -> Problems with meeting interjurisdictional water supply agreements -> bacteria growth and rise in waterborne diseases -> impacts on stormwater management at all levels domestic, municipal, other -> Energy impacts -> Transportation impacts -> Eco-region shifts, impacts on wildlife and habitat -> Eco region shifts, declining soil moisture, pest survival -> forest, grassland, and crop impacts -> Impacts on conservation lands including conservation easements -> Population shifts (climate change refugees), growth in some areas, increased water demand -> societal, human rights, issues -> emergency response readiness ETCETERA..

7 CLIMATE CHANGE AND WATER : NEXUSES AND ADAPTATION QUESTIONS More drought, warmer, drier climate, more evaporation, glacier melt, heavier rainfall, more flood events, more variable, less predictable climate, more climatic extremes, faster runoff into water ways, more turbidity -> less moisture, more variable weather wildfires -> less instream flow, (warmer temperatures, drought and evaporative losses)

8 WHAT IS INSTREAM FLOW? Water flowing in a water course. WHAT ARE INSTREAM FLOW NEEDS? Quantity, timing and quality of water required to sustain freshwater ecosystems and the human livelihoods and well-being that depend on these ecosystems (Brisbane Declaration on Environmental Flows, Appendix 1) INSTREAM FLOW WATER AND CLIMATE CHANGE?

9 CLIMATE CHANGE AND WATER : NEXUSES AND ADAPTATION QUESTIONS More drought, warmer, drier climate, more evaporation, glacier melt, heavier rainfall, more flood events, more variable, less predictable climate, more climatic extremes, faster runoff into water ways, more turbidity -> less moisture, more variable weather wildfires -> less instream flow, (warmer temperatures, drought and evaporative losses) -> less supply, more water use conflicts, government strife, litigation -> Aboriginal water entitlements -> changes to channel form, riparian areas, property boundaries, impacts on river infrastructure -> Greater reliance on groundwater -> groundwater/surface water impacts, aquifer depletion -> Problems with meeting interjurisdictional water supply agreements -> bacteria growth and rise in waterborne diseases -> impacts on stormwater management at all levels domestic, municipal, other -> Energy impacts -> Transportation impacts -> Eco-region shifts, impacts on wildlife and habitat -> Eco region shifts, declining soil moisture, pest survival -> forest, grassland, and crop impacts -> Impacts on conservation lands including conservation easements -> Population shifts (climate change refugees), growth in some areas, increased water demand -> societal, human rights, issues -> emergency response readiness ETCETERA..

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11 From an AB Gov. presentation, March 2, 2012, Red Deer < a/crops/hort/bv2012 /legalwateruseapatton.pdfcached> Online search AEP Managing the SSRB at this time to meet instream flow needs to sustain riverine processes and associated ecosystems over the long term is judged not possible because of existing allocations SSRB Studies 22 Adaptation questions: What can be done to adapt to the nexus; How should law and policy govern the nexus and adaptation?

12 IDEAL CC ADAPTATIVE WATER MANAGEMENT FRAMEWORK be flexible, to enable adaptation to CC the water distribution rules would enable those with the most need for water to receive water; without unduly compromising other users provide for vulnerable communities most susceptible to adverse water related impacts of CC incorporate Indigenous water rights provide for the aquatic environment receiving and retaining water, especially when at risk provide an array of tools for restoring and protecting IFNs, both regulatory and market based (e.g. transfers, and private water trust instream licences) incorporate adaptive management into water rights operate on the basis of watershed management plans recognize and facilitate a variety of water sources to preserve IF manage groundwater and surface water together (conjunctive management be part of a comprehensive CC adaptation plan and strategy

13 Alberta s water rights legislated framework Water rights legislated since 1894, now under the Water Act Water rights based on prior allocation and first in time first in right (FTFR) In times of shortage, most senior gets all before less senior has a right to any water (purpose of licence is not relevant) Use it or lose it Very little provision for flexibility, fairness, or adaptation

14 ALBERTA S MANAGEMENT FRAMEWORK IN RELATION TO IDEAL be flexible, to enable adaptation to CC water distribution rules would enable those with the most need for water to receive water; without unduly compromising other users provide for vulnerable communities most susceptible to adverse water related impacts of CC incorporate Indigenous water rights provide for the aquatic environment receiving and retaining water, especially when at risk provide an array of tools for restoring and protecting IFNs, both regulatory and market based (e.g. transfers and private water trust instream licences) incorporate adaptive management into water rights operate on the basis of watershed management plans recognize and facilitate a variety of water sources to preserve IF manage groundwater and surface water together (conjunctive mgt) be part of a comprehensive CC adaptation plan and strategy NO NO NO NO NO SOME TOOLS PARTIAL FOR NEWER RIGHTS PARTIAL PARTIAL NOT CLEAR OR CONSISTENT NO

15 CLIMATE CHANGE AND WATER : NEXUSES AND ADAPTATION QUESTIONS More drought, warmer, drier climate, more evaporation, glacier melt, heavier rainfall, more flood events, more variable, less predictable climate, more climatic extremes, faster runoff into water ways, more turbidity -> less moisture, more variable weather wildfires -> less instream flow, (warmer temperatures, drought and evaporative losses) -> less supply, more water use conflicts, government strife, litigation -> Aboriginal water entitlements

16 Matthew McClearn G & M , FN: Ermineskin Cree Nation, Samson Cree Nation and Kainai First Nation/Blood Tribe Adaptation questions: What can be done to adapt to the nexus; How should law and policy govern the nexus and adaptation?

17 CLIMATE CHANGE AND WATER : NEXUSES AND ADAPTATION QUESTIONS More drought, warmer, drier climate, more evaporation, glacier melt, heavier rainfall, more flood events, more variable, less predictable climate, more climatic extremes, faster runoff into water ways, more turbidity -> changes to channel form, riparian areas, property boundaries, impacts on river infrastructure -> less moisture, more variable weather wildfires -> less instream flow, (warmer temperature, drought and evaporative losses) -> less supply, more water use conflicts, government strife, litigation -> Aboriginal water entitlements

18 Property Rights and Accretion and Avulsion Adaptation questions: What can be done to adapt to the nexus; How should law and policy govern the nexus and adaptation?

19 CLIMATE CHANGE AND WATER : NEXUSES AND ADAPTATION QUESTIONS More drought, warmer, drier climate, more evaporation, glacier melt, heavier rainfall, more flood events, more variable, less predictable climate, more climatic extremes, faster runoff into water ways, more turbidity -> less moisture, more variable weather wildfires -> less instream flow, (warmer temperatures, drought and evaporative losses -> less supply, more water use conflicts, government strife, litigation -> changes to channel form, riparian areas, property boundaries, impacts on river infrastructure -> Greater reliance on groundwater -> groundwater/surface water impacts, aquifer depletion -> Problems with meeting interjurisdictional water supply agreements -> bacteria growth and rise in waterborne diseases -> impacts on stormwater management at all levels domestic, municipal, other -> Aboriginal water entitlements

20 Adaptation questions: What can be done to adapt to the nexus; How should law and policy govern the nexus and adaptation?

21 CLIMATE CHANGE AND WATER : NEXUSES AND ADAPTATION QUESTIONS More drought, warmer, drier climate, more evaporation, glacier melt, heavier rainfall, more flood events, more variable, less predictable climate, more climatic extremes, faster runoff into water ways, more turbidity -> less moisture, more variable weather wildfires -> less instream flow, (warmer temperatures, drought and evaporative losses) -> less supply, more water use conflicts, government strife, litigation -> Aboriginal water entitlements -> changes to channel form, riparian areas, property boundaries, impacts on river infrastructure -> Greater reliance on groundwater -> groundwater/surface water impacts, aquifer depletion -> Problems with meeting interjurisdictional water supply agreements -> bacteria growth and rise in waterborne diseases -> impacts on stormwater management at all levels domestic, municipal, other -> Energy impacts -> Eco-region shifts, impacts on wildlife and habitat -> Eco region shifts, declining soil moisture, pest survival -> forest, grassland, and crop impacts -> Impacts on conservation lands including conservation easements -> Population shifts (climate change refugees), growth in some areas, increased water demand -> societal, human rights, issues -> emergency response readiness ETCETERA..

22 Alberta's climate will get warmer, drier: report Province's natural regions predicted to shift northward in response to climate change over next century. Numerous predicted changes in landscape type and biodiversity. These sample maps from the ABMI report show the distribution of Alberta s natural subregions under current climate conditions and under two climate scenarios for the end of the century. The cool model predicts an increase of 2.5 C in mean annual temperature; the hot model predicts an increase of 6.5 C and significantly drier conditions. From <<file:///g:/iris%2017/392_nixon_2015_understandingrespondingtoeffectsclimatechangealbertabiodiversity_abmi.pdf >> [Alberta Biodiversity Monitoring Institute is <<

23 Conservation lands and climate change Adaptation questions: What can be done to adapt to the nexus; How should law and policy (and Land Trusts etc.) govern the nexus and adaptation? Photograph from Southern Alberta Land Trust Society <<

24 GETTING TO ADAPTATION Risk assessment of water/cc nexus Identify and prioritize CC adaptation actions Climate change adaptation plan Review laws and policies face conundrums Implement the plan

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