Australian water allocation plans and the sustainability objective—conflicts and conflict-resolution measures

Abstract

The dominant legal discourse in Australian water law and policy since 2004 has been about incorporating several definitions of Ecologically Sustainable Development (ESD) rules into freshwater management. The strategy selected to achieve this has been the Regional Water Allocation Plan (RWAP), which is based on hydrological and biological information about the impact of water use. Several aims of the ESD policy reflect the three pillars (environmental, economic, and social outcomes) common to the use of the term in international instruments, such as the 1987 UN Declaration; all ESD formulations in several state laws and the recent Federal Water Act 2007 look at the integration of the three pillars. The State Acts and the Federal Act insist on the adoption of the precautionary principle and achievement of intra- and inter-generational equity—a stunning reversal of previous policies, where the economic use and social aspects of water use were the primary concern. The ESD policy is not without its critics, especially from the farming communities, hard hit by new water plans that have reduced the amount of water able to be allocated by up to 52%. City dwellers have also been critical of water restrictions in urban areas and the higher cost for water supplied through desalination plants where the groundwater is severely depleted. The RWAP is the tool that must bear the brunt of these conflicts; at present, there are 190 such plans. This paper outlines a research agenda, but also makes preliminary comments on the types of conflicts that have existed, and the potential future conflict types. This is based on legal case analysis and some field work, reports of other authors, as well as observations and discussions with key informants in the several jurisdictions. It finds that there are conflicts between users, between the environment and users, as well as several conflicts related to processes used to consult the community, the science used to reduce allocations and the way the water reductions have been administered. The social capital of the community, the extent of the water allocation reductions and the level of trust in the science are key determinants of how many conflicts will exist in any given WAP region. The paper suggests a law reform that could reduce conflicts, i.e. that a duty to co-operate be added to state laws to require persons working on water plans to work cooperatively in the region and with others in the next water plan region. Such a duty would go some way to increasing the achievement of ESD and overcome the fragmentation and introspective approach of some of the early regional water plans. Citation McKay, J. M. (2011) Australian water allocation plans and the sustainability objective—conflicts and conflict-resolution measures. Hydrol. Sci. J. 56(4), 615–629.