1 River Basin Management - 1.1 Water Management Across Scales

Question 1

Learning objectives:

Answer 1

 You understand the different spatial, temporal, legal and administrative scales involved into river basin management.

 You know the objectives and main activities related with the implementation of the European Water Framework Directive.

This lecture is about river quality aspects at catchment scale – regarding physical and chemical water quality but also ecology. Related topics are general and quantitative aspects of water resources management (1st semester), river ecology (Dr. Bäthe) and groundwater management (Dr. Houben)

Question 2

Chapter 1.1: Water Management Across Scales

 River basins

Answer 2

River basins: catchments of rivers, whose natural borders and areas are defined by surface/subsurface water divides.

Question 3

Chapter 1.1: Water Management Across Scales

 Water resources management

Answer 3

Water resources management might be extended beyond catchments e.g. by water transfer (sending, receiving regions), even up to global scale water foot print analysis.

Question 4

Chapter 1.1: Water Management Across Scales

 Water policy

Answer 4

Water policy can be focused on the definition of a new legislative basis for water resources management, and/or on the improvement and implementation of existing law.

Question 5

Chapter 1.1: Water Management Across Scales

 Water law is part of environmental law

Answer 5

Water law is part of environmental law and present in all levels of political and administrative organization of humans.

Question 6

Chapter 1.1: Water Management Across Scales

 Institutions

Answer 6

Institutions are required for the planning and implementation of water policies, for environmental monitoring and knowledge creation etc. – responsibilities are scattered.

Question 7

Spatial and Temporal Scales of Hydrology

Answer 7

See graph slide 4

Question 8

Scales of Environmental Law

Answer 8

International Law (UN, Europe), UN Sustainable Development Goals
↓
EU Treaty and Framework Directives
↓
Constitutional Law
↓
Administrative/Public Law, Criminal Law, Civil Law
↓
Regional Law (Implementation at Federal State/Bundesland Level)

Outside all of them teh is an Non-Governmental Organizations (NGO)

Question 9

General Principles of Environmental Law

Answer 9

 Protecting the environment is part of services for the public

 Precautionary principle, risk oriented management

 Sustainability between generations

 Polluter pays: regulative law plus economic instruments

 Cooperation: self-commitments instead of sanctions

 Integration: broad view, “the whole thing”

 Subsidiarity: decisions on the smallest possible level

Question 10

Transboundary Water Management – Constellations

Answer 10

 The geographical location of one riparian state in relation to another

 Groundwater recharge, flow and discharge of transboundary aquifers in relation to national border(s)

 Hydraulic links between aquifers and surface water

see image slide 7

Question 11

International Law

Answer 11

 International conventions, whether general or particular, establishing rules expressly recognized by the states

 International custom, as evidence of a general practice accepted as law

 The general principles of law recognized by civilized nations

 “Soft laws“ (e. g. resolutions and declarations of international institutions, action plans) are quasi-legal instruments without or with only minor binding force

Question 12

International Law: General Principles

1. Territorial Sovereignty and Integrity

Answer 12

– Sovereignty: Enables states to act unrestricted within their territory
– Integrity: Protects states from impacts originating from territories of third states

Question 13

International Law: General Principles

2. Good Neighbourliness (Art. 74 United Nations Charter)

Answer 13

– States have to consider the interest of neighbouring states in decisions having substantial trans-border impacts
– Prohibition of substantial trans-border environmental damage

Question 14

International Law: General Principles

3. Obligation to adequate use of common inland water

Answer 14

– Cooperative use of resource by riparian states

– Adequate use may not be optimal use

Question 15

Legal Framework for TWM

Answer 15

 UN/ECE Convention on the Protection and Use of
Transboundary Watercourses and International Lakes (1992)
– Protection through prevention, control and reduction of international impacts
– Bilateral or multilateral agreements

 UN Convention on the Law of Non-Navigational Uses of International Watercourses (1997)
– Principle of equitable and reasonable use and participation
– Obligation not to cause significant harm
– Obligation to cooperate, exchange of data and information
– Consultation regarding planned measures

 Resolution on the law of transboundary aquifers (2009)

 Regional conventions
– See seminar presentations!

Question 16

Transboundary Water Management – Options

see image slide 11

Answer 16

Low use ratio or asymmetric demand
↕️
Separate Management data, research

Changing use pattern: perceived interdependencies
↕️
Cross-border dialogues on demand, erratic scientific cooperation

Usage intensifies / effects emerge / are perceived
↕️
Regular coordination mechanism data exchange, joint studies

Use approaches resource limits
↕️
Joint management - restrictions on national uses –