Water Law, Policy & Governance
The Water Law, Policy and Governance theme explores emerging trends and reform opportunities in water law and policy, and new forms of institutions and systems of governing that prioritize watershed sustainability. For us the watershed is the logical starting point for sustainable water management. To maintain reliable future water supplies and healthy aquatic ecosystems, all actions must be considered for their cumulative impact on the ecosystem. This moves water conservation from being a mere “add-on” solution to becoming a foundational tool for watershed managers, water planners and all water users up and down the watershed. This approach to watershed management shifts the focus from managing water resources toward managing how people live as watershed citizens.
Our report, At a Watershed: Ecological Governance and Sustainable Water Management in Canada, addresses specific issues of governance and goes beyond the urban environment. The report seeks to create an "enabling environment" within which the action plans and recommendations presented in previous reports from our Water Conservation and Soft Path theme can be fully implemented. At a Watershed is complemented by Changing the Flow: A Blueprint for Federal Action on Water and Going With the Flow: Evolving Water Allocations and the Potential and Limits of Water Markets in Canada.
Discussion Papers, Briefing Notes and Case Studies
This briefing note outlines the opportunity to use the Public Trust Doctrine in BC water law. The Public Trust Doctrine helps protect ecological values, ensure water for future needs, engage the public, and protect public uses and interests. The principles embedded in the Public Trust Doctrine are being used in many places around the world to form the cornerstone of effective, efficient and modern sustainable water management regimes. Many of the foundational aspects of the doctrine—as applied to freshwater management—already exist in British Columbia’s legal framework. Proactively adopting the public trust as part of the Water Act modernization process allows the BC Government to implement the doctrine in a comprehensive and efficient way that is best suited to decision making processes and existing Living Water Smart priorities.
The WSP team contributes regularly to the FLOW Monitor -- a regular bulletin by the Forum for Leadership on Water (FLOW). Each edition includes a review on progress on key national water priorities, celebrates success, and reviews leading efforts to move towards a Federal freshwater strategy.
This document answers the call of the Premier of British Columbia for citizens to become part of the solution for securing our water future. It outlines key minimum steps critical to protecting this precious resource. This statement of expectations was developed through study and consultation, and the signatory groups urge the BC government to take swift and decisive action on the issues described within.
This detailed policy paper explores the options and opportunities for water governance reform in British Columbia. The paper was developed to assist the Ministry of Environment with its commitment to address water management and modernize the 100 year old Water Act that is no longer able to deal with existing and emerging water issues in the province. Recognizing that governance alone cannot correct inadequate water management, but poor governance will almost certainly prevent effective management, the report outlines three possible paths forward and emphasizes the need to build institutional and ecosystem resilience.
This Blueprint for a Comprehensive Water Conservation and Efficiency Strategy was prepared in anticipation of the development of Ontario's Provincial Water Conservation and Efficiency Strategy. This policy paper synthesizes research on progressive water conservation policies into a comprehensive plan of action. Implementation of the recommended actions would position Ontario as a leader on conservation. The Blueprint has been endorsed by a number of NGOs and will be utilized to provide input to the province's consultation process.
In November 2008, Water Project Leader Oliver M Brandes, as part of a group of leading Canadian scientists, water law and policy experts and environmental activists, helped develop and release a landmark Freshwater Declaration that calls on all levels of government to take urgent action to develop an integrated freshwater strategy for Canada.


