Environmental water markets and regulation : a comparative legal approach / Kate Owens.

Format:

Book

Author/Creator:

Owens, Kate (Katherine Ann), author.

Series:

Earthscan studies in water resource management

Language:

English

Subjects (All):

Water resources development--Law and legislation--Pacific and Mountain States.

Water resources development.

Water resources development--Law and legislation--Alberta.

Water resources development--Law and legislation--Australia--Murray River Watershed (N.S.W.-S.A.).

Water resources development--Law and legislation--Australia--Darling River Watershed (Qld. and N.S.W.).

Water resources development--Economic aspects--Pacific and Mountain States.

Water resources development--Economic aspects--Alberta.

Water resources development--Economic aspects--Australia--Murray River Watershed (N.S.W.-S.A.).

Water resources development--Economic aspects--Australia--Darling River Watershed (Qld. and N.S.W.).

Water resources development--Economic aspects.

Water resources development--Law and legislation.

Alberta.

Australia--Darling River Watershed.

Australia--Murray River Watershed.

United States--Pacific and Mountain States.

Australia.

Physical Description:

vi, 276 pages ; 24 cm.

Place of Publication:

Abingdon, Oxon ; New York, NY : Routledge, an imprint of the Taylor & Francis Group, 2017.

Summary:

River systems around the world are degraded and are being used unsustainably. Meeting this challenge requires the development of flexible regimes that have the potential to meet essential consumptive needs while restoring environmental flows. This book focuses on how water trading frameworks can be repurposed for environmental water recovery and aims to conceptualise the most appropriate role for law in supporting recovery through these frameworks. The author presents a comprehensive study of the legal frameworks in four jurisdictions: the States of Oregon and Colorado in the western United States; the province of Alberta in Canada; and the Murray-Darling Basin in Australia/Basin State of New South Wales. A close comparative analysis of these four jurisdictions reveals a variety of distinctive regulatory arrangements and collaborations between public and private actors. In all cases, the law has been deployed to steer and coordinate these water governance activities. The book argues that each regime is based on a particular regulatory strategy, with different conceptions of the appropriate roles for, and relationships between, various actors and institutions. Legal frameworks do not have the capacity to rationalise and provide an overarching and absolute solution to the complex environmental and governance issues that arise in the context of environmental water transactions. Rather, the role of law in this context needs to be reconceptualised within the paradigm of regulatory capitalism as establishing and maintaining the limits within which regulatory participants can operate, innovate and collaborate. Book jacket.

Contents:

Introduction

Regulatory capitalism : a contextual account of the role of law

Forces underpinning the development of environmental water markets : convergence and divergence between jurisdictions

The legal setting for environmental water acquisition

Steering via water planning measures

Steering strategies based on the purchase of water rights for the environment

Transferring water : institutions, mechanisms and regulatory enterprise

Formalising relationships and accountabilities under mewa frameworks

The role of law : constructing dynamic regulation.

Notes:

Based on author's thesis (doctoral - University of Sydney, Sydney Law School, 2015) issued under title: Environmental water transactions under regulatory capitalism : the role of law.

Includes bibliographical references and index.

ISBN:

9781138183209

1138183202

OCLC:

949922897