Transboundary Water Agreements and Climate Change Adaptation

Introduction

As climate change impacts continue to affect various jurisdictions, transboundary water management must consider new ways to adapt to these changes while ensuring fair and respectful water sharing arrangements. Around the world, climate change and climate variability will impact the supply, quality and demand on our water resources. As a result, transboundary agreements must reflect these changes and address potential issues. Presently, transboundary agreements are based on calculations of natural flow to accommodate variability. Extreme weather impacts such as flooding or drought can alter water supplies while increases in temperature can compromise water quality by enabling the growth of algae blooms. Thus, it is integral for transboundary agreements to address climate variability issues in the following ways; ensure flexible water allocation strategies, prepare for flood and drought possibilities, and enable joint review boards to implement committees responsible for studying the effects of climate change on specific watersheds [1].

Glacier National Park St. Mary's Falls

Combining Different Objectives and Standards in an Agreement   

Transboundary water agreements are the result of negotiations between different nations or provinces to determine how water resources can be shared. Reaching common ground, however, can be challenging due to the existence of multiple regulatory frameworks and different expectations between negotiators. For example, the 1909 Boundary Waters Treaty negotiations between Alberta and the U.S. State of Montana have encountered disagreements over interpretations of treaty language such as apportionment and the overall fairness of previously agreed upon terms. Specifically, the International Joint Commissions (IJC) 1921 Order confirmed that Canada and the U.S. receive an average of 55 and 45 percent, respectively, of the combined flows of both the St. Mary and Milk River’s. Nonetheless, in 2003, the Governor of Montana requested the IJC conduct a review of the 1921 Order to determine whether or not improvements could be made to the original Order so that each country received equal benefit of apportioned waters. Alberta, on the other hand, believes that the 1921 Order is fair and respectful of each jurisdictions water needs and that the failure of one country to fulfill and utilize their water entitlement should not penalize the rights of the other jurisdiction. 

Differences in how Alberta and Montana see prior appropriation, in addition to differences in water storage infrastructure, have resulted in apportionment disagreements between both jurisdictions. The Governor’s request for a review in 2003 indicates the difficulties associated with reaching long-lasting agreement on transboundary issues. Furthermore, the 1909 Boundary Waters Treaty is indicative of the challenges with agreements that try to combine the different objectives and standards of different jurisdictions. 

Sources

  1. Cooley, H. , Christian-Smith, J., Gleick, P., Allen, L., Cohen , M. (December 26, 2009). Climate Change and Transboundary Agreements. The Pacific Institute. Retrieved from http://pacinst.org/publication/climate-change-and-transboundary-waters/

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Photograph of WaterPortal Board Member Ross Douglas

Ross Douglas

Board Member

Ross has extensive executive experience in Operations, Governance, Information Technology and Strategy at the board and senior management level including Mancal Corporation, Mancal Energy, Highridge Exploration and Atlantis Resources. He has worked in Oil and Gas, Coal, Commercial Real Estate, Portfolio Management, Recreation, Retail and Water and Wastewater Treatment. His experience is also geographically diverse having overseen operations in Canada, the United States, United Kingdom and Northern Ireland. Additionally, he has been on the board of companies with operations in Argentina, Azerbaijan, Barbados, Kazakhstan, and Russia. He has served on numerous Public, Private and Not for Profit Boards across a number of industries.

Ross has been active on several industry Boards and committees including the Canadian Association of Petroleum Producers (CAPP) and The Schulich School of Engineering Industry Advisory Council at the Schulich School of Engineering.

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Brian Mergelas, PhD, ICD.D

Board Member

Brian is a seasoned Cleantech entrepreneur with a proven history of successfully bringing complex water technologies to the market.   With over 25 years of experience, he has led various organizations to achieve significant milestones in the industry. 

Having started as the founding CEO of the Pressure Pipe Inspection Company (PPIC) and later taking the helm at the Water Technology Acceleration Project (WaterTAP), Brian’s entrepreneurial spirit has been instrumental in driving innovation and growth within the sector. 

He is an active investor in the cleantech sector and has served on many boards including the Ontario Clean Water Agency. 

Actively engaged in industry associations like AWWA, WEF, IWA, and ASCE, Brian enjoys collaborating with fellow professionals to promote advancements in the field. 

Brian holds an undergraduate degree and a PhD in Physics from Queen’s University, which has provided him with a solid technical foundation.   As a member of the Institute of Corporate Directors, he brings valuable insights to corporate governance.