Abstract

Climate change and access to water are interrelated concerns for agriculture and other sectors, even in temperate regions. Governance approaches and regulatory frameworks determine who has access to water, for what purpose, and when. In the northeastern United States, water governance has historically been conducted by states through a combination of statutory guidance and common law. However, it is unclear what effect if current governance approaches will be sufficient for achieving resource conservation and equitable allocation in a changing climate. To provide insight into these issues, we conducted the first review of freshwater governance in the 12 states that comprise the U.S. Northeast. Specifically, we examine their heterogeneous approaches to surface and groundwater use, permitting and reporting, and scarcity provisions. Using agriculture as the sector of focus, we show through narrative review and quantitative analysis that change in the proportion of cropland that is irrigated in each state does not differ based on governance approach. We also suggest that future decades may bring regulatory shifts relevant to agriculture, changes in enforcement, increased competition between agriculture and other users, and greater potential competition between states for water resources. This case study raises the question: how should we prepare for the time when competition for, or degradation of, a resource surpasses the ability of existing governance mechanisms to ensure conservation and equitable distribution?

Highlights

  • Freshwater resources are necessary for the long-term health and wellbeing of both human and ecological communities

  • We present two case studies that illustrate the complexity of common law, regulation, and statutory governance applied to surface and groundwater resources

  • Many riparian agricultural stakeholders in Maine and Vermont are not knowledgeable about the rules, and they are not widely enforced across agricultural sectors. This raises the questions (1) whether periods of scarcity in the future would lead to increased enforcement by the Vermont Department of Environmental Conservation (DEC), and Maine Department of Environmental Protection (DEP) and the Land Use Regulation Commission (LURC), Fig. 6 a States where agriculture is noted as a prioritized use during times of scarcity and drought; b groundwater permitting thresholds vary state-by-state

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Summary

Introduction

Freshwater resources are necessary for the long-term health and wellbeing of both human and ecological communities. This raises the questions (1) whether periods of scarcity in the future would lead to increased enforcement by the Vermont DEC (potentially at the surprise of farmers), and Maine DEP and the Land Use Regulation Commission (LURC), Fig. 6 a States where agriculture is noted as a prioritized use during times of scarcity and drought; b groundwater permitting thresholds vary state-by-state.

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