Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/23542
Title: Farming, Good Neighbours, and Protecting the General Interest in Water Resources: How Effective is the Promise of Sustainable Watershed Management in Quebec?
Contributor(s): Shepheard, Mark  (author)orcid 
Publication Date: 2017
Handle Link: https://hdl.handle.net/1959.11/23542
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.
Publication Type: Journal Article
Source of Publication: McGill Journal of Sustainable Development Law, 13(2), p. 271-298
Publisher: McGill University, Faculty of Law
Place of Publication: Canada
ISSN: 1712-9664
Fields of Research (FoR) 2008: 180111 Environmental and Natural Resources Law
180124 Property Law (excl. Intellectual Property Law)
180120 Legal Institutions (incl. Courts and Justice Systems)
Fields of Research (FoR) 2020: 480604 Property law (excl. intellectual property law)
480504 Legal institutions (incl. courts and justice systems)
480203 Environmental law
Socio-Economic Objective (SEO) 2008: 940406 Legal Processes
940404 Law Enforcement
960706 Rural Water Policy
Socio-Economic Objective (SEO) 2020: 230404 Law enforcement
230406 Legal processes
190211 Water policy (incl. water allocation)
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Publisher/associated links: https://www.mcgill.ca/mjsdl/files/mjsdl/5_shepheard_web.pdf
Appears in Collections:Journal Article
School of Humanities, Arts and Social Sciences
School of Law

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