Abstract

Whereas there has been substantial research on the potential effect of climate change upon water resources, there has been relatively little consideration of the role of institutional arrangements in mitigating (or exacerbating) the potential effects of warming-induced changes in water supplies. Climate change increases the urgency with which water managers and policymakers must address water supply concerns, moving toward water supply institutions and policies that are sufficiently flexible, adaptive, and robust to deal with the uncertain water future. As the LPCC has concluded, "changes in water management practices will have a very significant impact on how climate change affects the water sector." There is "great and arguably unavoidable" uncertainty with regard to future climate change and other potential impact on water supplies, including changes in population and relevant technologies. More efficient water distribution and allocation institutions are necessary. The inefficiencies inherent in existing water institutions are a luxury we can no longer afford.

This article argues that climate change, and its projected effects on water use and supply, calls for a fundamental reexamination of water institutions. The United Nations Intergovernmental Panel On Climate Change (IPCC) has noted that there are numerous policy options that "would generate net social benefits regardless of whether there was a climate change." Examples of such "no regrets" policies would include the elimination of irrigation and development subsidies that artificially increase water demand, as well as the incorporation of environmental values into existing water institutions. This article suggests that the gradual implementation of water markets is also such a "no regrets" policy. Many aspects of water markets, including their flexibility, decentralized nature, and ability to create and harness economic incentives, make them particularly well suited to address the uncertain water forecast. A gradual shift toward water marketing and market pricing will improve the management of water supplies, ensure more efficient allocation of available water supplies, and encourage cost-effective conservation measures.

This abstract has been adapted from the author's introduction.

Document Type

Article

Publication Date

2008

Publication Information

31 Hamline Law Review 729-754 (2008)

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