Barbara Cosens

A decade of adaptive governance scholarship: synthesis and future directions

Adaptive governance is an emergent form of environmental governance that is increasingly called upon by scholars and practitioners to coordinate resource management regimes in the face of the complexity and uncertainty associated with rapid environmental change. Although the term “adaptive governance” is not exclusively applied to the governance of social-ecological systems, related research represents a significant outgrowth of literature on resilience, social-ecological systems, and environmental governance. We present a chronology of major scholarship on adaptive governance, synthesizing efforts to define the concept and identifying the array of governance concepts associated with transformation toward adaptive governance. Based on this synthesis, we define adaptive governance as a range of interactions between actors, networks, organizations, and institutions emerging in pursuit of a desired state for social-ecological systems. In addition, we identify and discuss ambiguities in adaptive governance scholarship such as the roles of adaptive management, crisis, and a desired state for governance of social-ecological systems. Finally, we outline a research agenda to examine whether an adaptive governance approach can become institutionalized under current legal frameworks and political contexts. We suggest a further investigation of the relationship between adaptive governance and the principles of good governance; the roles of power and politics in the emergence of adaptive governance; and potential interventions such as legal reform that may catalyze or enhance governance adaptations or transformation toward adaptive governance.

Development of drinking water standards for perchlorate in the United States

Perchlorate, an anion that originates as a contaminant in ground and surface waters, is both naturally occurring and manmade. Because of its toxicity, there has been increased interest in setting drinking water safety standards and in health effects when perchlorate is present at low (parts per billion (ppb)) levels. In January 2009, the EPA issued a heath advisory to assist state and local officials in addressing local contamination of perchlorate in drinking water. The interim health advisory level of 15 micrograms per liter (microg/L), or ppb, is based on the reference dose recommended by the National Research Council (NRC) of the National Academy of Sciences (NAS). This paper describes scope and extent of contaminant issues and a legal process of setting standards for perchlorate concentration in drinking water in the United States of America.

Resilience in Transboundary Water Governance: the Okavango River Basin

When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with respect to different aspects of an ecological system. At the scale of transboundary river basins, where treaties govern water utilization, particular treaty mechanisms can reduce conflict potential by fostering collaboration and accounting for change. One necessary element is a mechanism for coordination and collaboration at the scale of the basin. This could be satisfied by mechanisms ranging from informal networks to the establishment of an international commission to jointly manage water, but a mechanism for collaboration at the basin scale alone does not ensure sound water management. To better guide resource management, study of applied resilience theory has revealed a number of management practices that are integral for adaptive governance. Here, we describe key resilience principles for treaty design and adaptive governance and then apply the principles to a case study of one transboundary basin where the need and willingness to manage collaboratively and iteratively is high—the Okavango River Basin of southwest Africa. This descriptive and applied approach should be particularly instructive for treaty negotiators, transboundary resource managers, and should aid program developers.

Adaptive governance of riverine and wetland ecosystem goods and services.

Adaptive governance and adaptive management have developed over the past quarter century in response to institutional and organizational failures, and unforeseen changes in natural resource dynamics. Adaptive governance provides a context for managing known and unknown consequences of prior management approaches and for increasing legitimacy in the implementation of flexible and adaptive management. Using examples from iconic water systems in the United States, we explore the proposition that adaptive management and adaptive governance are useful for evaluating the complexities of trade-offs among ecosystem goods and services.

Regime shifts and panarchies in regional scale social-ecological water systems

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate those interactions. The case studies show different ways that adaptive governance may be triggered, facilitated, or constrained by ecological and/or legal processes. The resilience assessments indicate that complex interactions among the governance and ecosystem components of these systems can produce different trajectories, which include patterns of (a) development and stabilization, (b) cycles of crisis and recovery, which includes lurches in adaptation and learning, and (3) periods of innovation, novelty, and transformation. Exploration of cross scale (Panarchy) interactions among levels and sectors of government and society illustrate that they may constrain development trajectories, but may also provide stability during crisis or innovation at smaller scales; create crises, but may also facilitate recovery; and constrain system transformation, but may also provide windows of opportunity in which transformation, and the resources to accomplish it, may occur. The framework is the starting point for our exploration of how law might play a role in enhancing the capacity of social-ecological systems to adapt to climate change.

Five ways to support interdisciplinary work before tenure

Academic institutions often claim to promote interdisciplinary teaching and research. Prescriptions for successfully engaging in interdisciplinary efforts, however, are usually directed at the individuals doing the work rather than the institutions evaluating them for the purpose of tenure and promotion. Where institutional recommendations do exist, they are often general in nature and lacking concrete guidance. Here, we draw on our experiences as students and faculty participating in three interdisciplinary water resource management programs in the USA to propose five practices that academic institutions can adopt to effectively support interdisciplinary work. We focus on reforms that will support pre-tenure faculty because we believe that an investment in interdisciplinary work early in one’s career is both particularly challenging and seldom rewarded. Recommended reforms include (1) creating metrics that reward interdisciplinary scholarship, (2) allowing faculty to “count” teaching and advising loads in interdisciplinary programs, (3) creating a “safe fail” for interdisciplinary research proposals and projects, (4) creating appropriate academic homes for interdisciplinary programs, and (5) rethinking “advancement of the discipline” as a basis for promotion and tenure.

Reconciliation of development and ecosystems: the ecology of governance in the International Columbia River Basin

This article explores the emergence of formal and informal bridging organizations to facilitate solutions to water conflict at the scale of the water resource. This new approach to governance is of particular importance on rivers within or shared by countries in which water management is fragmented among national and sub-national levels of government as well as among governmental sectors. This article focuses on the Columbia River Basin, in the United States and Canada. Review of the Columbia River Treaty governing shared management of the river has opened a public dialogue on river governance. Treaty review coincides with change in both the biophysical setting and the values and capacity of basin residents. Climate change is altering the timing of flow relied on by the management of developed river infrastructure and the annual runs of the basins’ salmonid species. River development increased economic development in the basin, but at the cost of ecosystem function. Assertion of legal rights by indigenous communities has brought an alternative world view to the review—one that seeks to maintain the benefits of river development while reconciling that development with ecosystem function. This article identifies the governance mechanisms needed to achieve reconciliation and describes their emergence in the Columbia River Basin through an analytical framework focused on local capacity building and network formation across jurisdictions, sectors, and scales of governance. Both countries fragment water management authority among jurisdictions and sectors, but bridging organizations have emerged to link interests and government at the watershed and basin scale. Emergence of new governance is facilitated by increases in local, regional, and indigenous governance capacity. This networked governance emerging at the biophysical scale while embedded in and linked to a hierarchy of formal international, national, state, and local government is characterized as the ecology of governance.

Introduction to the Special Feature Practicing Panarchy: Assessing legal flexibility, ecological resilience, and adaptive governance in regional water systems experiencing rapid environmental change

This special feature presents articles on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of six watersheds in the United States as they respond to rapid environmental change. We build on work that assesses resilience and transformation in riverine and wetland social-ecological systems across the United States at a variety of scales, levels of development, and degrees of degradation, focusing specifically on the Anacostia River, Central Platte River, Klamath River, Columbia River, Middle Rio Grand River, and the Everglades wetlands. All of these cases involve complex institutional systems, histories involving ecological and social regime shifts, and are operated under similar constitutional and legal frameworks for the division of authority among federal, state, local, and where applicable, tribal governments. We focus on the legal dimensions of watershed governance that directly relate to ecological resilience and transformability of the social-ecological systems. We synthesize the results of these assessments to advance our understanding of the role of law and governance as a trigger, facilitator, or barrier to adaptation and transformation in the face of rapid environmental change, including shifting climate. This introductory article defines terminology and theoretical concepts to present a bridging framework between U.S. law and ecological resilience that can be used by the remaining articles in this special issue.

Social-Ecological Resilience in the Columbia River Basin: The Role of Law and Governance

The Columbia River is a complex water basin shared by 2 countries, 15 Native American Tribes, 15 First Nations, 7 US states, and 1 Canadian province. Dam construction during the twentieth century has engendered a basin economy that is dependent on low-cost electricity and irrigated agriculture. Yet, these dams are a major factor in the decline of populations of salmon and steelhead species that are critical to the culture of Indigenous peoples. Climate change scenarios predict a transformation from snow- to rain-dominated precipitation in the basin’s lower latitudes, greater extremes in flood and drought, and an increasing water deficit as a result of higher rates of evapotranspiration with increasing temperature. Reduced late summer flow may pose challenges for the sustainability of irrigation and fish. The basin provides a unique laboratory to explore resilience of a highly developed social-ecological system to changing climate and rising empowerment of Indigenous peoples. Review of the Columbia River Treaty between the United States and Canada that governs much of the operation of the river presents a window of opportunity for change. This window provides a moment in time to rethink environmental governance and to consider an approach which reflects neither top-down nor bottom-up control of resources but a third path in which each level of government plays a supporting role to a regional vision of the basin’s future governance.

Iterative Processes for Resilient Transboundary Water Management: Collaboratively Governing the Okavango for Adaptation

When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with respect to different aspects of an ecological system. At the scale of transboundary river basins, where treaties govern water utilization, particular treaty mechanisms can reduce conflict potential by fostering collaboration and accounting for change. One necessary element is a mechanism for coordination and collaboration at the scale of the basin. This could be satisfied by mechanisms ranging from informal networks to establishment of an international commission to jointly manage water, but a mechanism for collaboration at the basin scale alone does not ensure sound water management. To better guide resource management, study of applied resilience theory has revealed a number of management practices that are integral for adaptive governance. In this article we describe key resilience principles for treaty design and adaptive governance and then apply the principles to a case study of one transboundary basin where the need and willingness to manage collaboratively and iteratively is high- the Okavango River Basin of southwest Africa. This descriptive and applied approach should be particularly instructive for treaty negotiators, transboundary resource managers, and aid program developers.