Farming, Good Neighbours, and Protecting the General Interest in Water Resources: How Effective is the Promise of Sustainable Watershed Management in Quebec?

Title
Farming, Good Neighbours, and Protecting the General Interest in Water Resources: How Effective is the Promise of Sustainable Watershed Management in Quebec?
Publication Date
2017
Author(s)
Shepheard, Mark
( author )
OrcID: https://orcid.org/0000-0002-5500-1276
Email: mshephe6@une.edu.au
UNE Id une-id:mshephe6
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
McGill University, Faculty of Law
Place of publication
Canada
UNE publication id
une:23724
Abstract
The framework for implementation of sustainable watershed management in Quebec comprises a mix of statutory accountability, compliance with plans, and civil liability. At the centre of this framework is the goal of realizing collective responsibility for the protection and preservation of water now and for future generations. Implementation of this framework to achieve that goal, and the extent to which it enables farmers to deliver sustainable watershed management practices, is a case study in natural resource governance arrangements and sustainable resource management behaviour change. This article reviews governance arrangements for sustainable watershed management in Quebec and presents research on farmer accountability within sustainable watershed systems. The analysis considers the extent to which farmer accountability for protection of water is defined by sustainable watershed management planning processes. Such processes are focussed on strategic imperatives that are not effectively connected with the practice of private rights and interests. With this in mind, I question how effectively accountability for sustainable watershed management translates into practical guidance that enables farmers to manage resources as good neighbours and meet their duty of water protection. Obstacles identified include: a tendency for the National Assembly, regulators, and courts to absolve farmers from liability for environmental harm; the lack of sanctions for non-compliance with a plan; a lack of financial incentives to modify farm practices; and the fact that watershed organizations lack powers to compel participation in the adoption of a plan.
Link
Citation
McGill Journal of Sustainable Development Law, 13(2), p. 271-298
ISSN
1712-9664
Start page
271
End page
298

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