Environmental Engineering Reference
In-Depth Information
13.1.1
Regime
Table 13.1
Operationalised indicators of adaptive capac
ity relating to regime components of the governance system with case examples
Case area
Chile
Regime indicators
Operationalisation
Switzerland
Ownership
Consistency & Certainty
: Legal
certainty around ownerships
and use rights
Multiple changes in legal framework (Agrarian
Reform, Water Code) over the past 50 years
has led to a situation where the rights
ownership framework is opaque and unclear -
yet inflexible in adapting less water (legal
extraction can overrun actual availability).
Water protected as a property right in the
constitution providing high security and
certainty to rights holders (but many of these
are now seen as
derechos de papel
/paper
rights).
Shifting relevance of traditional private rights,
shifting institutions for their management.
80-100 year concessions periods for hydropower
usage rights
Coverage
: Coverage of all water
rights/uses
Glaciers and groundwater have a weaker
institutional framework than surface waters.
Increasing volumes of water for artificial snow
production is currently unregulated,
negotiated mainly through private company
agreements; certain groundwater uses
(agriculture) have no oversight, concessions
or quotas.
Clarity
: In application of the
law demarcation of rights,
and translation of legal
framework at watershed,
local to national levels.
Border problem with ESVAL & S2/S3; farmers
exchanging rights, but no record; selling on
rights, but still using them; process of
legalising/institutionalising user groups can
be impeded because of complex judicial and
legal procedures; self-organisation -
responsibility at the user level not happened
for groundwater in Aconcagua.
Environmental flows are only to be taken into
account in new concessions; EPA parameters
for environmental performance lack clarity
and precision;
grundeignturm
rights are very
complicated, and therefore difficult for
lawyers to really understand.
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