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  <front>
    <journal-meta>
<journal-id journal-id-type="publisher">PIAHS</journal-id>
<journal-title-group>
<journal-title>Proceedings of the International Association of Hydrological Sciences</journal-title>
<abbrev-journal-title abbrev-type="publisher">PIAHS</abbrev-journal-title>
<abbrev-journal-title abbrev-type="nlm-ta">Proc. IAHS</abbrev-journal-title>
</journal-title-group>
<issn pub-type="epub">2199-899X</issn>
<publisher><publisher-name>Copernicus Publications</publisher-name>
<publisher-loc>Göttingen, Germany</publisher-loc>
</publisher>
</journal-meta>

    <article-meta>
      <article-id pub-id-type="doi">10.5194/piahs-374-23-2016</article-id><title-group><article-title>To what extent do they sway Australian water management decision making?</article-title>
      </title-group><?xmltex \runningtitle{To what extent do they sway Australian water management decision making?}?><?xmltex \runningauthor{M.~Papas}?>
      <contrib-group>
        <contrib contrib-type="author" corresp="yes" rid="aff1">
          <name><surname>Papas</surname><given-names>Maureen</given-names></name>
          <email>maureen.papas@uwa.edu.au</email>
        <ext-link>https://orcid.org/0000-0001-8883-7531</ext-link></contrib>
        <aff id="aff1"><institution>Honorary Fellow, Faculty of Law, University of Western Australia, 35 Stirling Highway, Crawley, Perth, Western Australia, Australia</institution>
        </aff>
      </contrib-group>
      <author-notes><corresp id="corr1">Maureen Papas (maureen.papas@uwa.edu.au)</corresp></author-notes><pub-date><day>17</day><month>October</month><year>2016</year></pub-date>
      
      <volume>374</volume>
      <fpage>23</fpage><lpage>28</lpage>
      
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      <abstract>
    <p>At a time when the reliability of freshwater resources
has become highly unpredictable, as a result of climate change and increased
droughts frequency, the role of scientific evidence in forecasting the
availability of seasonal water has become more critical. Australia is one of
the driest inhabited continents. Its freshwater availability is highly
variable, which poses unique problems for the management of the nation's
water resources. Under Australia's federal system, water management
challenges have been progressively dealt with through political institutions
that rely on best available science to inform policy development. However,
it could be argued that evidenced-based policy making is an impossible aim
in a highly complex and uncertain political environment: that such a
rational approach would be defeated by competing values and vested interests
across stakeholders. This article demonstrates that, while science has a
fundamental role to play in effective water resource management, the reality
<italic>on the ground</italic> often diverges from the intended aim and does not always reflect efforts at
reform. This article briefly reviews the <italic>Water Act 2007</italic> (Cth) and comments on why policy
makers need to manage rather than try to eliminate uncertainty to promote
change.</p>
  </abstract>
    </article-meta>
  </front>
<body>
      

<sec id="Ch1.S1" sec-type="intro">
  <title>Introduction</title>
      <p>Decision making in water resource management in Australia has long been
driven by the need to adapt to changes in water availability and to respond
to increasing water scarcity. Australia is regarded as the world's driest
continent, much of it flat, and with a legacy of high levels of salinity
buried deep within it (Cullen et al., 2012). Salinity is an inherent feature of the
Australian landscape, which if left unmanaged, has serious implications for
water quality, biodiversity, land productivity and the supply of water
generally (Thompson, 2014). Similarly, a flat continent suggests very low or
no mountain ranges, with no permanent snow or glaciers, and therefore, no
freshwater source other than rivers and aquifers (i.e. receptacles for
groundwater). To compound the problem, Australia's weather is influenced by
a highly variable climate with an annual cycle of wet and dry periods
(Bureau of Meteorology, 2013). It could be argued that given these factors,
science – based decision-making would improve sustainable water management
practices. When the Federal <italic>Water Act 2007</italic> (Cth)<fn id="Ch1.Footn1"><p>Cth refers to Commonwealth
indicating that the Act is valid Australia wide.</p></fn> was introduced in response
to Australia's millennium drought (2001–2009) (van Dijk et al., 2013), and in
an attempt to prevent the further decline of water resources in the Murray
Darling Basin (MDB) (also referred to as the Basin), one of the key reform
measures was to prepare a Basin Plan to cap water extractions to levels that
scientific evidence indicated would be sustainable. In short, the Act was in
response to a severe drought period, unprecedented in the instrumental
record, and called on water management policy to recognise the impact of
climate change. However, the Basin-wide hydrological modelling required
determining the level of water extraction from the environment, which was
vigorously contested (explained further in Sect. 3) and proved challenging
to guiding management decisions. This suggests that science-based knowledge
had a limited role in stakeholder engagement outcomes. To demonstrate this
point, the article proceeds in three sections. The first provides a very
brief overview of the geography and management framework in the MDB, the
second section critically evaluates a key objective of the <italic>Water Act 2007</italic>. The final
section explores the role of science in policy formulation and its effect on
decision making relating to water resources more generally. This article
concludes that although science is key to policy formulation, it is not in
itself sufficient to reconcile competing stakeholder interests or to decide
which objectives should be achieved and at what cost.</p>
</sec>
<sec id="Ch1.S2">
  <title>Background overview: brief geography and governance of the MDB</title>
      <p>Located in south eastern Australia, the MDB is considered one of the
flattest catchments in the world largely comprised of vast low-lying dry
plains (Murray-Darling Basin Authority, 2012a). Although the MDB average
annual rainfall supplies is in excess of 530 000 GL of freshwater, 90 %
evaporates or transpires back into the atmosphere, leaving less than 10 %
to drain as run off into rivers, lakes, streams and into groundwater
aquifers (MDBA, 2012b). Despite these challenges, the MDB is Australia's
agricultural heartland, producing one-third of the nation's food supply. It
also plays an important role in ecological diversity and supports a wide
range of animals, plants and ecosystems. The MDB covers an area of more that
one million square kilometres (about 14 % of Australia's land mass) (MDBA,
2012c) and spans four states (Queensland, New South Wales, Victoria and South
Australia) and the Australian Capital Territory. Good governance and
reliable seasonal predictions of water availability for effective use of
water is paramount for the MDB.</p>
      <p>Historically, a co-operative framework governed water sharing in the MDB
(whereby states and Commonwealth governments had to reach consensus, to
manage the Basin resources), rather than a constitutional framework to
ensure a right of supply (Connell and Grafton, 2011). This co-operative framework was
fundamental and crucial to the MDB because it required federal and state
governments to agree on an overall plan, with each jurisdiction responsible
for its implementation (Connell, 2007). Yet, in the last twenty years,
concerns about over-allocated water and the continuing decline of water
resources in the river system remains a serious issue, severely affecting
not just environment quality but also the security of water entitlements for
consumptive users (Scanlon, 2006; Papas, 2007; Connell, 2011). These
problems have arisen despite a number of management programmes and joint
initiatives between states and the Commonwealth – namely, the National
Water Initiative and the Living Murray – that had been implemented
expressly to address the highly variable water conditions that characterise
the MDB (Papas, 2007, p. 90). These reforms were implemented to ensure the
ecological system is restored to good health and retains an optimum level of
productivity. However, for these measures to work effectively,
inter-jurisdictional arrangements require that each government maintain a
shared responsibility as to how the water is managed and allocated (Papas,
2007). This is especially true of Australia's federal system of government,
because primary responsibility for water and environmental management rests
with state governments (Kildea and Williams, 2010).</p>
      <p>Australia's most recent water reform, the Water Act 2007, was introduced in
the context of the most devastating drought in recorded history (Skinner and Langford, 2013, p. 871). The reform occurred within an existing mix of institutional
arrangements, which inherently suggests that reforms have to adapt to a set
of constraints (Skinner and Langford, 2013, p. 872). Yet, the principles of governance
that underpin the <italic>Water Act 2007</italic>, marked a renewed approach to environmental protection
and the way scientific knowledge was used to arbitrate the final outcome.
Some of the issues are explored below.</p>
</sec>
<sec id="Ch1.S3">
  <title>A new governance framework: the Water Act 2007</title>
      <p>The <italic>Water Act 2007</italic> established a new governance structure, whereby the MDB was brought
under Commonwealth management for the first time since Federation (Kildea
and Williams, 2011). The passing of the Act represented a widespread consensus
that ongoing unsustainable levels of water extractions in the Basin needed
to be seriously tackled through a central statutory planning process that
could provide clear guidance in the matter (Fisher et al., 2010). In effect,
the Act imposes a national interest in the management of the MDB system,
rather than leaving its management at the state level.</p>
      <p>The Act also established an independent Murray–Darling Basin Authority
(MDBA), an agency of the federal government, to prepare a Basin Plan (MDBA,
2007). The aim of this Basin Plan was to apply best available science to
define an environmentally sustainable level of take and to reduce
over-allocated water entitlements that threatened water security (Skinner and
Langford, 2013). That is, the Basin Plan was to set enforceable limits on the quantity
of water (both surface and groundwater) – known as sustainable diversion
limits (SDLs) – that could be extracted from the Basin as a whole, without
compromising key environmental assets and ecosystem functions. This is the
amount of water, expressed as the long-term average annual volume, that may
be taken from a given river or aquifer (Hamstead and O'Keefe, 2008). These
limits are central to the Basin Plan in securing the long-term health of the
MDB, and come into effect in 2019 (MDBA, 2014).</p>
      <p>Hydrologic modelling was used to determine SDL across the Basin (MDBA,
2012a).
However, the diversion limits that were initially proposed were
systematically contested and provoked considerable community anger. Some
academics argue that one of the main issues to provoke strong opposition
from water users was whether in developing the Basin Plan, the MDBA was
prepared to give future environmental considerations precedence over current
social and economic factors (Kildea and Williams, 2011). Their concerns were
valid given that in previous decades, water needs for the environment and
for irrigation were often treated as mutually exclusive, and served the
political purposes of particular interest groups (e.g. Musgrave, 2008;
Skinner and Langford, 2013, p. 890). Similarly, the distinctive “battle line” between
irrigators and regulators to engage farmers with water regulation was
fundamentally weak; the decision–making process was fraught and highly
politicised, and this resulted in little progress (Holley and Sinclair, 2012;
Doremus and Tarlock, 2008). Consequently, some academics have questioned the reliance
of scientific evidence to best inform water resources regulation and facilitate management
decision making about socio-economic effects (Liu et al., 2008). Others maintain that given the prevalence of the role of
modelling in natural resources and environmental regulation in other
countries, policy makers should engage critically with these scientific
tools and not neglect their effect as the realm of scientific expertise
(Fisher et al., 2010).</p>
<sec id="Ch1.S3.SS1">
  <title>The role of science</title>
      <p>Science is considered an essential discipline used to promote policy
formulation and political decision making (Davis et al., 2015, p. 1). As
Frewer and Salter (2002, p. 138) explain, the role of science as an aid to
policy development and to guide complex decision making is based on two
assumptions:<disp-quote>
  <p>... first, that the advice and, in particular, its predictive
content is accurate and, second, that the public sees the advice as
authoritative and the decisions and policy flowing from that advise as
legitimate.</p>
</disp-quote>Despite this, it could be argued that the context in which specialist advice
is sought, plays a role in the interpretation of scientific knowledge. As we
saw above, science was used to frame the objectives of the SDLs, and thus to
formulate policy. However, there was considerable reluctance from particular
interest groups to comply with the proposed limits. Their reluctance,
besides their concerns about the primacy the Water Act gives environmental
needs in decision making (e.g. Godden, 2011), also stemmed from their
expressed concern about the MDBA's failure to engage local experts in the
hydrological modelling content of the Basin Plan (Parliament of the
Commonwealth of Australia, 2011). Pileke (2007) argues that this undermined
both the reputation of scientific knowledge to guide policy development and
its effectiveness as a regulatory tool to inform decision making. In
contrast, other commentators suggest that complex public policy problems,
including those faced by catchment water managers, must be made in the best
interest of the public, which represents a broad cross-section of views and
opinions (Heazle, 2010, p. 6; Skinner and Langford, 2013, p. 873). In this context, while
scientific advice was desirable, it remained subsidiary to community
participation in decision making.</p>
      <p>Another issue worth considering when seeking scientific advice is the notion
of uncertainty. Some observers assert that scientists use statements of
uncertainty to characterise information that is by nature never “black and
white”, or to indicate what they do not yet know (Gibbs et al., 2013). In
short, uncertainty is normal in scientific research (Gibbs et al., 2013).
However, it could be argued that uncertainty has an adverse impact on
complex decision making. For example, uncertainty can play a key role when
policy makers attempt to justify one policy over another, particularly when
both the level of uncertainty and the political stakes are high (Heazle,
2010, p. 135). Heazle (2010, p. 135) notes that uncertainty strips our
ability to proclaim the best course of action on the basis of evidenced-based
knowledge alone, while simultaneously granting license to speculate on
various policy alternatives for those seeking to frame policy issues.
Scientific findings are not exact. Therefore, policy makers like to draw
their decisions based on various scenarios (or findings) to guide their
policy options. Still, this suggests that the scope for scientific
uncertainty is a valid factor that influences decision making. Similarly,
Skinner and Langford (2013, p. 888) believes that the effect on constituents, ideological
perspective and socio-economic implications also actively contribute to what
happens on the ground.</p>
      <p>More recently, predictions by Australia's Bureau of Meteorology (BoM) of a
“substantial” El Niño event in 2015 for the first time in five years (BoM,
2015) points to the need to adapt to worsening conditions. El Niño periods
in Australia are generally associated with warmer temperatures across much
of the country, below average rainfall and higher risk of bush fires (The
Guardian, 2015). Under such extreme forecasts, the reliability of seasonal
water is likely to be even less predictable, further undermining efforts to
manage water resources sustainably.</p>
</sec>
<sec id="Ch1.S3.SS2">
  <title>The way forward</title>
      <p>The Basin Plan, which received final approval from Australia's Federal
Minister in 2012, allows the MDBA to amend SDLs up or down within defined
parameters (see <italic>Water Act 2007</italic> (s23a) through the SDL mechanisms by 2015 (Murray-Darling Basin Authority, 2015). These mechanisms were implemented to ensure
sufficient flexibility in adapting to Australia's highly variable weather
conditions and were based on best available scientific knowledge in the
context of climate change (Murray-Darling Basin Authority, 2015). This
suggests that the potential effect of climate change in the reduction of
precipitations and run offs (overland flow) are considered in government
policy. However, Pittock (2013) argues that the 2012 Basin Plan makes no
specific provision for managing the risks posed by climate change, which
raises important questions in terms of compliance and regulatory decision
making, by both water users and their community.</p>
      <p>The <italic>Water Act 2007</italic> (s22, item 8) states that the Basin Plan must include a mechanism for
determining whether there has been compliance with SDLs but provides no
clear requirements about the methods the MDBA must adopt to include this
mechanism (Environment Defenders Office, 2012). Basin state governments are
required to implement the SDLs through their own water resources management
plans, which typically operate at the scale of river catchment (Foerster,
2014, p. 264). Therefore, it is reasonable to assume, that a lack of clear
guidelines for compliance means that water users may choose to exceed their
limits, which would compromise the sustainability of water extractions
across the Basin and its states (particularly downstream users) (Gardner et
al., 2014, p. 4; see also Holley and Sinclair, 2012, p. 179). Further, the
MDBA expounds on its adaptive management approach to addressing the effects
of climate change on water resources, but does not suggest that adaptive
responses may require a reduction of water entitlements (Gardner et al.,
2014, p. 4).</p>
      <p>In dry periods, it is conceivable that the attitudes of water users and the
community to further reducing their entitlements may well result in wilful
non-compliance with the SDLs, and a lack of cooperation. Indeed, governments
have been found to struggle to provide an effective and comprehensive
compliance and enforcement regime for water (Holley and Sinclair, 2012, p. 149).
In addition, the national policy in relation to the risks and costs of
future reductions in water entitlements is currently assigned to
water-entitlement holders, which means that a reductions of water
availability as a result of climate change will not be compensated by the
Australian Government (Gardner et al., 2014, p. 5). Gardner argues that this
policy is significantly unjust, and suggests that economic and environmental
losses from reduced water entitlements could be calculated in pecuniary
terms, for the purpose of determining compensation to water holders who
suffer such losses (Gardner et al., 2014, p. 5). Nonetheless, the Australian
Government has demonstrated some level of engagement with and commitment to
enforcing standards, with the introduction of the <italic>National Framework for Compliance and Enforcement Systems for Water Resource Management</italic> in 2012 (Department of the
Environment, 2012). This initiative creates a prospect for a great deal of
improvement in water management in Australia, and it might be necessary to
enforce compliance through financial concessions or more stringent
enforcement mechanisms (or both) to promote change.</p>
      <p>This discussion leads to a question about the long-term implications for
scientific research generally and best science advice more specifically. It
points to two major issues: first, while science-based knowledge can provide
best available hydrological modelling, and the most accurate data, there are
clearly inconsistencies between efforts at reform and on-the-ground outcomes
when mechanisms to monitor compliance are poorly enforced. These
inconsistencies are a major concern given that the Basin Plan outlines
legally binding extraction limits on all Basin states, and that ultimately,
the effectiveness of these overarching SDLs is vital to the management
regime of the MDB under the Federal Government. Secondly, the former Prime
Minister Tony Abbott's<fn id="Ch1.Footn2"><p>The Coalition Government led by the Prime
Minister Tony Abbott was ousted in a dramatic party coup on 14 September
2015. Malcolm Turnbull won the prime ministership from Tony Abbott and
has been sworn in as Australia's new Prime Minister.</p></fn> decision not to have
a dedicated science minister in his government, until a recent cabinet
reshuffle, raises an important question about the Coalition Government's
attitude to the discipline of science (The Guardian, 2013). Similarly, the
2014-15 cuts in the Federal Budget to science programs and research grants
has left many observers deeply concerned about Australia's future prosperity
in the sciences (Australian Academic of Science, 2014)<fn id="Ch1.Footn3"><p>Prime Minister Malcolm Turnbull recently
announced that science will have a more predominant role in his government (see Department of Industry,
Innovation and Science <uri>http://www.industry.gov.au/science/Pages/default.aspx</uri>).</p></fn>.</p>
      <p>At a time when changing weather patterns due to climate change are predicted
to affect the hydrological cycle across various regions more than ever, it
is important to recognise the value of research efforts that provide the
scientific knowledge necessary to drive future preparedness. Australia is
about to face the adverse impacts of another El Niño event, which will be
compounded by the effects of climate change. In this context, the federal
government of Australia should take the long-term view that policy informed
by science-based knowledge must transcend both political lines and
stakeholders' interests. A good first step in this direction would be to
bring science under a single responsible minister and the policy impetus to
encourage science to do what it does best – that is, develop sound
methodologies for water resource assessments to inform sustainable water
management practices.</p>
</sec>
</sec>
<sec id="Ch1.S4" sec-type="conclusions">
  <title>Conclusions</title>
      <p>The role of science in policy making demonstrates that specialist knowledge
may or may not influence complex decision making. Despite the idea that
governments and organisations across the world consider evidence-based
policy a key factor to making sound policy, the reality tends to fall short
of this idea. This article has demonstrated that the treatment of
uncertainty in specialist advice largely determines how well the advice fits
with, or contradicts the policy goals dominated by the political and
stakeholder interests. In Australia, as elsewhere, the role of science
remains vital in formulating the evidence and forecasting necessary to
prepare against unprecedented changes to our climate and our water ways.
More than ever, water managers and decision makers need to be well informed
about the consequences of poor policy implementation and the dangers of
climate change on water resources. The prospect of an El Niño event in
Australia suggests that the future of water management will need to adapt to
highly variable seasonal precipitations. Science can help prepare for such
anticipated changes but decision makers have to be motivated to act
accordingly.</p>
</sec>

      
      </body>
    <back><ack><title>Acknowledgements</title><p>Some elements of this article where first developed in one of the papers'
prepared by the author, as part of a PhD by publication, Macquarie
University, Sydney, Australia. The author would like to thank the German
Federal Institute of Hydrology (BfG) and the International Centre for Water
Resources and Global Change for the opportunity to present. The author would
like to also acknowledge UNESCO's financial support towards her attendance
to the conference in Koblenz, Germany (no. 4500282573).</p></ack><ref-list>
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    <!--<article-title-html>To what extent do they sway Australian water management decision making?</article-title-html>
<abstract-html><p class="p">At a time when the reliability of freshwater resources
has become highly unpredictable, as a result of climate change and increased
droughts frequency, the role of scientific evidence in forecasting the
availability of seasonal water has become more critical. Australia is one of
the driest inhabited continents. Its freshwater availability is highly
variable, which poses unique problems for the management of the nation's
water resources. Under Australia's federal system, water management
challenges have been progressively dealt with through political institutions
that rely on best available science to inform policy development. However,
it could be argued that evidenced-based policy making is an impossible aim
in a highly complex and uncertain political environment: that such a
rational approach would be defeated by competing values and vested interests
across stakeholders. This article demonstrates that, while science has a
fundamental role to play in effective water resource management, the reality
<i>on the ground</i> often diverges from the intended aim and does not always reflect efforts at
reform. This article briefly reviews the <i>Water Act 2007</i> (Cth) and comments on why policy
makers need to manage rather than try to eliminate uncertainty to promote
change.</p></abstract-html>
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