Operationalising Adaptive Capacity - Climate Change and Water Governance: Adaptive Capacity in Chile and Switzerland - page 228

Systemic Integration : Whether environmental
provisions are just a 'tack on' that should be
fulfilled if possible - or if sustainability of
the SES is taken as a goal of the legislative
framework.

Environmental protection framework is
weak, with little monitoring and
enforcement and weak EIA process;
environmental flows unaccounted for
in existing rights, only new rights;
DGA's (responsible for surface and
groundwater sustainability) technical
criteria of sustainability have no
legal basis, but are internal
guidelines. MMA separately sets and
monitors water quality (Norma
secondarias de cualidad de agua).

Environmental flows to be accounted for in
new hydropower concession period
(but challenges in enforcement); social
and ecological sustainability, and
'room for waterways' integrated into
Cantonal Water Law (2008).

Accountability Neutrality : Appropriate checks and balances to

avoid agency capture in resource related
ministries (e.g. National Commission for
Energy, Mines) and to enable fairness across
economically strong and weak actors.

Economic priority across ministries gear
water management for exploitation;
register of trades and rights happens
with the Conservador, which is
private but they have a monopoly for
each region, and is under the control
of the judiciary (with accusations of
nepotism).

Provisions concerning project and
planning proposals and EIA provide
for multi-stakeholder input (VBR);
environmental department responsible
for evaluating EIAs from energy and
other departments.

Enforcement : Designated and clear lines of
responsibility for monitoring and enforcing
the application of legal provisions and
regulatory requirements concerning water
use and protection.

Self-enforcement amongst users for
denouncing illegal abstraction
creates challenges in the
denouncement and punishment of
water crimes, which exacerbates the
impacts of drought periods on water
courses; enforcement in the hands
of the courts rather than DGA;
Superintendencia is responsible for
quality monitoring and ensuring
water user does not exceed the
utilities property rights.

Canton is responsible for enforcing
legislation and regulations at local and
canton level, but cannot impact on
water sovereignty at local level; special
'water police' monitor/charge for
illegal extractions and use.