Environmental Engineering Reference
In-Depth Information
Regime indicators
Operationalisation
Chile
Switzerland
Enforcement : Clear responsi-
bilities for monitoring and
enforcement.
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; enforce-
ment 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.
Formality : Ability of regulators
or water managers to
enforce regulations.
High autonomy of individual water rights
owners; JdV does not have mandate to
manage, but to enable just allocation of water
rights; state has a subsidiary role, with public
authorities lacking agency and capacity to
manage water resources to incentivise
cooperation across watersheds and attain
more sustainable level of water management
as well as limit level of illegal extraction;
high number of unregistered rights and illegal
abstraction.
Use of water and management of waterways is
most strongly informed by cantonal law,
which is required to remain in step with
federal legislation. Federal state takes a back
seat in water management. Communes are
encouraged to manage the resource in a way
that respects the legal principles only through
the subsidy incentives. Hydropower opera-
tions are regulated through cantonal level laws
and commune level contracts; levels of
commune autonomy are particularly high in
the Valais, especially in the high mountain
communes, challenging enforcement.
(continued)
 
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