Water Governance in the Context of IWRM: Switzerland - Climate Change and Water Governance: Adaptive Capacity in Chile and Switzerland - page 131

Gewässerschutz (EAWAG) study on the implementation of Art. 80 WPA shows
(Uhlmann Brögli and Wehrli 2008 ). Interviews also suggested that it has led to
increased challenges for how to best manage the different user groups, with the key
issue being the development of the growing micro-hydro sector. There are very few
provisions in the law that concern the management of scarcity situations and no
overarching principles on how to manage user conflicts in periods of water stress
that address international, national and local actors all together.

7.2.4.3 Protection of Aquatic Ecosystems

Aquatic ecosystems are protected in both qualitative (Art. 1 WPA) and quantitative
(Arts. 29-36 WPA) terms through provisions in the WPA, as well as Protection of
Nature and Landscape/Cultural Heritage Act (PNLA) and Federal Forest Act (FFA)
(preservation of natural diversity of riparian species). Within the legislation of the
Canton Valais, the Law on Hydraulic Engineering (LHE) (Arts. 5g and 39, 15 March
2007) provides protection of aquatic ecosystems, as does a 1999 law protecting the
floodplain of the Rhône. In practice, a number of water courses and aquatic ecosys-
tems have been severely impaired and federal targets are not being met (e.g. nitrate
concentrations) (FOEN 2009a ). Hydro-peaking regularly impacts rivers, while some
periodically dry up from over extraction. Environmental lobby groups have expressed
concern with the fact that the legally binding provisions for residual flows are too
weak for effective nature protection (Bonzi 2009a ), raising questions as to whether
an effective and efficient instrument exists for coordinating water's protection and
use (Bonzi 2009b ). Enforcement of protection provisions are seen to be hampered by
resource limitations in staff numbers at the canton level.

7.2.4.4 Flood Risk Management and Response Systems

Since the 1970s there has been a shift from technical building and a hard canali-
sation approach to a more integrated and eco-system based flood management
philosophy (Zaugg 2002 ), which has meant that implementing flood protection
projects (such as the TRC) requires a more complex negotiating process. While
federal and cantonal law (WBG, Valais) state that the natural condition of the
river must be improved, other stakeholder groups, such as agriculture, have rallied
against the impacts this would have for their own resources. However, financing
mechanisms are perceived to effectively assist the federal government in imple-
menting current philosophy of the law. Recurring issues of sovereignty and
capacity were raised in interviews across the cantonal departments. Hazard maps
are a key requirement of the flood protection concept due for completion by the
end of 2011. Progress is recorded in the ShowMe maps (FOEN 2009b ) . It was
noted that better coordination across different departments was required to reduce
duplication of effort (Fig. 7.1 ).