"[This book] presents the collective views and recommendations of the Instream Flow Council's (IFC) state and provincial fishery and wildlife agency members regarding appropriate instream flow strategies for managing, maintaining, or restoring riverine fishery and aquatic wildlife resources and processes. [It] also identif[ies] eight components that should serve as guidelines in establishing or improving existing agency instream flow programs and in developing prescriptions to be addressed in each instream flow assessment. These components include hydrology, geomorphology, biology, water quality, and connectivity as well as legal, institutional, and public involvement."--Page xxv.
Instream Flow Protection is a comprehensive overview of Western water use and the issues that surround it. The authors explain instream flow and its historical, political, and legal context; describe current instream flow laws and policies; and present methods of protecting instream flow. They provide numerous examples to illustrate their discussions, with case studies of major river systems including the Bitterroot, Clark's Fork, Colorado, Columbia, Mimbres, Mono Lake, Platte, Snake, and Wind. Policymakers, land and water managers at local, state, and federal levels, attorneys, students and researchers of water issues, and anyone concerned with instream flow protection will find the book enormously valuable.
There are many people and places connected to rivers: fishermen whose livelihood depends on river ecosystems, farms that need irrigation, indigenous groups whose cultures rely on fish and flowing waters, cities whose electricity comes from hydroelectric dams, and citizens who seek wild nature. For all of these people, instream flow is vitally important to where and how they live and work. Riverflow reveals the diverse and creative ways people are using the law to restore rivers, from the Columbia, Colorado, Klamath and Sacramento-San Joaquin watersheds in America, to the watersheds of the Tweed in England and Scotland, the Fraser in Canada, the Saru in Japan, the Nile in North Africa, and the Tigris-Euphrates in the Middle East. Riverflow documents that we already have the legal tools to preserve the ecological integrity of our waterways; the question is whether we have the political will to deploy these tools effectively.
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
