The adaptation of water law to climate change

The purpose of this paper is to focus on the adaptive capacity of the institution of water law in two provinces of Canada, Alberta, and Saskatchewan, through the examination of several water conflict case studies in the last decade. By examining outcomes in cases of water shortage, legal mechanisms promoting adaptation can be identified and suggestions made for improving those which potentially increase vulnerability.

This paper explores several case studies situated in Western Canada, identified during interviews relating to a broader theme of water governance adaptation as part of the Institutional Adaptation to Climate Change (IACC) Project as well as other case studies carried out in the larger IACC project relating to the institutional adaptation to climate change in Canada and Chile. The outcomes of these case studies are examined in relation to their effect on vulnerability and their inter‐relationship to established principles of water law.

This examination provides insight into the actual workings of water law in resolving water conflicts and important modifications in the institution of water law which will increase adaptive capacity. These cases illustrate that legal provisions which facilitate timely engagement of civil society to water shortages in an all inclusive participatory process provides optimal conflict resolution.

These case studies provide important insights for the development of law and policy which reduces vulnerability and assists people in adapting to climate change in a resilient, effective manner.