A blog exploring legal rights for rivers, environmental flows, and water governance around the world.
Thursday, 14 July 2016
Interview on Radio National's Counterpoint
On election night, Barnaby Joyce used his victory speech to remind voters that electing the coalition meant building new dams in Queensland in particular, and a commitment to developing water resources across northern Australia.
I've written about this issue in The Conversation a couple of times already this year, and the latest article caught the attention of Radio National's Counterpoint presenter Amanda Vanstone. She interviewed me on Monday about water resource management in northern Australia, and the importance of sustainable water planning.
You can download or listen to the interview here.
I will be watching with interest as the new federal government releases post-election policies on water resource development in northern Australia.
New article in The Conversation
Rush to dam northern Australia comes at the expense of sustainability
Barry Hart, Monash University; Avril Horne, University of Melbourne, and Erin O'Donnell, University of Melbourne
Ahead of the election, the major parties have released different visions for developing northern Australia. The Coalition has committed to dam projects across Queensland; Labor has pledged to support the tourism industry.
These pledges build on the Coalition’s A$5 billion Northern Australia Infrastructure Facility, a fund to support large projects, starting on July 1.
The Coalition has pledged A$20 million to support 14 new or existing dams across Queensland should the government be returned to power, as part of a A$2.5 billion plan for dams across northern Australia.
Labor, meanwhile, will redirect A$1 billion from the fund towards tourism, including eco-tourism, indigenous tourism ventures and transport infrastructure (airports, trains, and ports).
It is well recognised that the development of northern Australia will depend on harnessing the north’s abundant water resources. However, it’s also well recognised that the ongoing use of water resources to support industry and agriculture hinges on the health and sustainability of those water resources.
Northern Australia is home to diverse ecosystems, which support a range of ecosystem services and cultural values, and these must be adequately considered in the planning stages.
Sustainability comes second
The white paper for northern Australia focuses almost solely on driving growth and development. Current water resource management policy in Australia, however, emphasises integrated water resource planning and sustainable water use that protects key ecosystem functions.
Our concern is that the commitment to sustainability embedded in the National Water Initiative (NWI), as well as Queensland’s water policies, may become secondary in the rush to “fast track” these water infrastructure projects.
Lessons from the past show that the long-term success of large water infrastructure projects requires due process, including time for consultation, environmental assessments and investigation of alternative solutions.
What is on the table?
The Coalition proposes providing funds to investigate the feasibility of a range of projects, including upgrading existing dams and investigating new dams. The majority of these appear to be focused on increasing the reliability of water supplies in regional urban centres. Few target improved agricultural productivity.
These commitments add to the already proposed feasibility study (A$10 million) of the Ord irrigation scheme in the Northern Territory and the construction of the Nullinga Dam in Queensland. And the A$15 million northern Australia water resources assessment being undertaken by CSIRO, which is focused on the Fitzroy river basin in Western Australia, the Darwin river basins in Northern Territory and the Mitchell river basin in Queensland.
Rethinking dams
New water infrastructure in the north should be part of an integrated investment program to limit overall environmental impacts. Focusing on new dams applies 19th-century thinking to a 21st-century problem, and we have three major concerns about the rush to build dams in northern Australia.
First, the process to establish infrastructure priorities for federal investment is unclear. For instance, it’s uncertain how the projects are connected to Queensland’s State Infrastructure Plan.
Investment in new water infrastructure across northern Australia needs to be part of a long-term water resource plan. This requires clearly articulated objectives for the development of northern Australia, along with assessment criteria that relate to economic, social and environmental outcomes, such as those used in the Murray-Darling Basin Plan.
Second, the federal government emphasises on-stream dams. Dams built across the main river in this way have many well-recognised problems, including:
lack of environmental flows (insufficient water at the appropriate frequency and duration to support ecosystems)
flow inversion (higher flows may occur in the dry season than in the wet, when the bulk of rainfall occurs)
barriers to fish movement and loss of connectivity to wetlands
water quality and temperature impacts (unless there is a multi-level off-take).
As a minimum, new dams should be built away from major waterways (such as on small, tributary streams) and designed to minimise environmental impacts. This requires planning in the early stages, as such alternatives are extremely difficult to retrofit to an existing system.
Finally, the federal government proposals make no mention of climate change impacts. Irrigation and intensive manufacturing industries demand highly reliable water supplies.
While high-value use of water should be encouraged, new industries need to be able to adapt for the increased frequency of low flows; as well as increased intensity of flood events. Government investment needs to build resilience as well as high-value use.
Detailed planning, not press releases
In place of the rather ad hoc approach to improvements in water infrastructure, such as the projects announced by the federal government in advance of the election, we need a more holistic and considered approach.
The A$20 million investment for 14 feasibility studies and business cases in Queensland represents a relatively small amount of money for each project, and runs the risk of having them undertaken in isolation. The feasibility studies should be part of the entirety of the government’s plan for A$2.5 billion in new dams for northern Australia.
Water resource planning is too important and too expensive to cut corners on planning. Investment proposals for Queensland need to be integrated with water resource planning across the state, and across northern Australia, and with appropriate consideration of climate change impacts.
Fast tracking dams without considering ecosystem impacts, future variability in water supplies, and resilience in local communities merely sets the scene for future problems that will likely demand another round of intervention and reform.
Barry Hart, Emeritus Professor Water Science, Monash University; Avril Horne, Research fellow, Department of Infrastructure Engineering, University of Melbourne, and Erin O'Donnell, Senior Fellow, Centre for Resources, Energy and Environment Law, University of Melbourne
This article was originally published on The Conversation. Read the original article.
Wednesday, 17 February 2016
Damming northern Australia - a repost from The Conversation
Damming northern Australia: we need to learn hard lessons from the south
Erin O'Donnell, University of Melbourne and Barry Hart, Monash University
The push for development in northern Australia is gathering momentum, with the government recently releasing a draft of its Northern Australia Infrastructure Facility to help finance large projects.
The development of northern Australia will crucially depend on harnessing the north’s abundant available water resources. Over the next five years the government will develop plans to manage these water resources.
However we have to get these plans right from the start to ensure the north’s waters are developed sustainably. To do so, we can start by looking south.
Full steam ahead
In June 2015, the federal government released its long-awaited northern Australia White Paper. Among commitments to agriculture in northern Australia, the white paper targets more efficient use of water resources across the north.
Over 60% of Australia’s total surface water runoff occurs north of the Tropic of Capricorn. A 2014 CSIRO review indicates that this could potentially support up to 1.4 million hectares of irrigated land, increasing Australia’s irrigated area by 50%.
Reaching this potential, however, would come at the financial and environmental cost of around 90 new dams and many weirs and other infrastructure.
The white paper promises sustainable development, but the problem is the timeframe. The paper commits, over the next two years, to assessment of the water resources in the initial priority catchments, and within five years, to the development of water resource plans. These plans will include a cap on water use, and a water market to trade water allocations.
But the paper is silent on what we know about northern ecosystems and how water infrastructure might affect them, and makes no allowance for climate change.
Learning from the south
There is much to be learned from the current implementation of the Murray-Darling Basin Plan, which will result in upgrades to existing water plans in Queensland, New South Wales, South Australia, Victoria and the Australian Capital Territory.
The past 20 years have seen almost continual reform in Murray-Darling, demonstrating how hard it is to achieve sustainability when water resources are over-used.
Australia is currently spending over A$13 billion to restore the Murray-Darling Basin catchments to something approaching the minimum needed to maintain the ecological health of the system.
Avoiding this will avoid a major overhaul in the future and provide investor confidence.
Managing this risk to wildlife
Northern Australia is home to 301 nationally threatened species, as well as the iconic Great Barrier Reef, already under threat.
In 2004 one of us (Barry) looked at environmental risks of new irrigation schemes then proposed for the north.
He identified four factors for sustainable irrigation, including urgently better understanding the north’s freshwater ecosystems, and developing a risk-based approach to making decisions on infrastructure.
Over the past decade we’ve considerably improved our knowledge of northern ecosystems, for example the Ord river system in Western Australia, Kakadu and the Daly river in Norther Territory, and the Mitchell, Burdekin and other coastal rivers and wetlands in Queensland. Although we know more, this knowledge needs to be synthesised before it can be used for planning.
We still don’t know exactly how irrigation projects might affect these ecosystems. To deal with this we suggest adopting an ecological risk-based approach to planning.
It is trite, but true, that one needs to know the risks before one can set about managing them. Ecological risk assessments assist in identifying the risks, assessing their relative importance, and identifying possible ways to mitigate the risks. This sort of process is a basic component of the requirements for plans being developed as part of the Murray-Darling Basin Plan.
Dealing with dams
The White Paper clearly sees new on-stream dams as part of increasing water use in northern Australia.
The planning process will set a cap on how much water can be used. But current evidence regarding the impact of dams on river flows shows that this will not be enough.
From the start, plans need to include environmental flow: sufficient water at the appropriate frequency and duration to support ecosystems. As well as a cap, this might mean creating legal rights for water held in the storage for the environment.
One of the intractable problems caused by dams in southern Australia has been seasonal flow inversion. River flows are higher in summer and lower in winter than the ecosystem needs.
In the north, flow inversion may occur with higher flows occurring in the dry season rather than in summer when the bulk of the rainfall occurs.
To avoid this, new water infrastructure in the north could be built off stream. This system is currently used in the Queensland section of the Murray-Darling Basin. But, unless planned for at the outset, these alternatives are extremely difficult to retrofit to an existing system.
Figuring out the sustainable level of water extraction for an aquatic ecosystem depends on considerable technical work (hydrological, ecological and modelling). This technical work needs to be guided by a clear set of objectives for each development, including the value the community (including Indigenous Australians) places on the local ecosystems.
The water market
The Murray-Darling Basin demonstrates that water markets are a highly efficient means for ensuring that the available water resource is effectively used. Additionally, the water market is also an efficient means for recovering water for the environment (although the overall process remains costly), and can also increase efficiency of environmental water management.
But to make the most of the opportunities created by water markets, the environment needs the institutional capacity to enter the market. In the south, the Commonwealth Environmental Water Holder owns and manages large volumes of water across the Murray-Darling Basin. At the state level, the Victorian Environmental Water Holder has also proved effective at streamlining decision-making and using the market to manage its holdings.
If environmental water in the north is to be managed efficiently in the context of a future water market, establishing a legal entity with the capacity to hold water, enter contracts and make decisions will be an essential piece of the puzzle.
The White Paper is a bold vision for developing northern Australia. Australia has learned many lessons about sustainable water allocation the hard way, at the cost of a great deal of time, money and ecosystem degradation.
We need to apply these lessons from the south to the north. Failing to adequately invest in new water resource development plans in northern Australia is effectively planning to fail. And we should know better.
Erin O'Donnell, Senior Fellow, Centre for Resources, Energy and Environment Law, University of Melbourne and Barry Hart, Emeritus Professor Water Science, Monash University
This article was originally published on The Conversation. Read the original article.
Back into the blog!
To bring you up to date...
In 2013, I attended a workshop to bring together water policy academics and practitioners from the Murray-Darling Basin and the Colorado, to share lessons on sustainable water management. Water policy is often seen as heavily context-specific, but there is always value in a multi-jurisdictional discussion. The underlying issues of water resource management are common, and even when the specific policies and tools differ greatly, there is still value in a discussion that encourages you to re-examine your own assumptions. The outcome of this workshop was a series of blog posts at the Global Water Forum, and they are well worth a read.
In late 2013, Rebecca Nelson and I chaired a national workshop, Mainstreaming Environmental Water Law and Policy, at the University of Melbourne Law School. This workshop brought together academics, policy makers, private consultants and NGOs from across Australia to discuss the emerging issues in environmental water management. The emphasis of this workshop was particularly on how environmental water has moved beyond the triage of drought and into the mainstream of water policy and planning. A full report of the workshop will be placed on the Melbourne University website and I'll link to that then.
Rebecca and I surveyed the attendees at this workshop, and the consistent feedback was that there are not enough of these kinds of opportunities for frank and open discussion between people from different states and sectors. I think academia is best placed to host these kinds of forums, and we should do it much more often.
2015 saw the publication of my first book chapter, co-authored with Dustin Garrick (who recently released his own great book on water resource management in the Murray Darling, Colorado and Columbia Basins), looking at the role of private organisations in environmental watering in Australia and the US. Not to give too much away, but we conclude that a combination of private and public organisations can generate the maximum efficacy, as well as long term legitimacy, for environmental watering.
Most recently, Barry Hart and I published a brief article in The Conversation on the future challenges facing water resource planning in northern Australia. I'll republish that article in full in the next post.
So it's been a busy couple of years, and there's a lot of exciting stuff happening this year - fingers crossed I find time to write about it!
Thursday, 3 October 2013
Efficiency, the para-commons, and being a waterist
Friday, 6 September 2013
Privatisation, financialisation and neoliberalisation of water
Jessica gave me a lot of new ideas to get my head around, and a new perspective from which to engage with the way that environmental water management in the context of a water market is changing the way that we perceive of and engage with the natural environment. Of course, political ecology always asks us 'what is the natural environment?', so I'm trying to disentangle the layers around that concept. In many ways, it's not really possible to separate the environment from humanity, as we define the environment as a social construct, as well as physically shaping it through our actions (even where and when we lived in it much more harmoniously than we do now).

