Abstract
Adaptive governance is an emergent phenomenon resulting from the interaction of locally driven collaborative efforts with a hierarchy of governmental regulation and management and is thought to be capable of navigating social−ecological change as society responds to the effects of climate change. The assertion of Native American water rights on highly developed water systems in North America has triggered governance innovations that resemble certain aspects of adaptive governance, and have emerged to accommodate the need for Indigenous water development and restoration of cultural and ecological resources. Similar innovations are observed in the assertion of Indigenous voices in Australia. This presents an opportunity to analyze the emergence of adaptive processes within complex legal systems. We explore the role of law in locally driven innovation in this context, concluding that any system of governance that requires greater flexibility will only be viewed as legitimate, and thus succeed, if attention is given not only to adaptive capacity, but also to aspects of good governance. Through examples of the assertion of Indigenous rights, we illustrate critical links between adaptive capacity in water management, good governance, and law.
Highlights
The provision of water in the face of climate change and increasing scarcity is complicated by the fact that it is essential for life and has no substitute
In recent efforts to understand the role of law in facilitation of adaptive governance, it has become clear that in setting the stage, law provides an avenue to facilitate both adaptive capacity and “good governance” and that while the first is essential to adaptive governance, the second is essential to its implementation [7]
We describe the intersection of law, good governance and increased adaptive capacity in collaborative efforts to share and co-manage water resources across jurisdictional boundaries with Indigenous communities
Summary
The provision of water in the face of climate change and increasing scarcity is complicated by the fact that it is essential for life and has no substitute. Over the past three decades in the United States and Australia, the assertion of Indigenous rights has triggered the emergence of processes with robust public participation, enhanced local adaptive capacity, and strong local legitimacy. On the ground, these processes appear self-organizing, locally driven by stakeholders with close ties to the water resources and resemble the emergent process described in the adaptive governance literature. We describe the intersection of law, good governance and increased adaptive capacity in collaborative efforts to share and co-manage water resources across jurisdictional boundaries with Indigenous communities. We conclude with a discussion of the critical role of law and good governance in the emergence of adaptive governance
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