Climate change adaptation and water law

Abstract

This chapter deals with adaptation in water (management) law, focusing primarily on floods and droughts in freshwater systems. It explores whether current water law is sufficiently equipped to meet the challenges of climate change. In other words, through a smart use of existing water laws, can the necessary adaptation measures in the field of fresh water management be carried out, or do we need an adaptation of the law? After a brief overview of the impacts of climate change on freshwater resources, these questions are answered through an analysis of the basic elements of international and domestic water law: the right to water, the principle of reasonable and equitable use, and the river basin approach. Under these basic elements, most water adaptation issues, such as floods and droughts, stormwater management and drinking water supply is dealt with. The chapter also discusses the relationship between mitigation and adaptation in the field of water law. The chapter shows that much of the thinking and designing of adaptive water law has been done and that the first steps are being taken to put it into practice.