Water governance, the rule of law and regulating risks to the Murray–Darling Basin

ABSTRACT In Australia’s Murray – Darling Basin (MDB), the law explicitly requires strategies for managing risks to water quality and quantity. In this paper, we analyse water governance in the Basin, identifying inadequate governance standards and practices. Current arrangements in the MDB demonstrate deficiencies and vulnerabilities that limit capabilities for dealing with known or emerging risks and erode the legitimacy of governing institutions. Our analysis of the problems and opportunities for reform is informed by the OECD’s principles of good water governance and the legal concept of the rule of law. We conclude that ignoring opportunities to adopt better-practice water governance is a severe risk to the MDB’s shared waters. To overcome reactionary crisis-reaction reform, we propose reforms that empower critical evaluations of governance structures, rules, practices and participation. Therefore, proposed reforms of policy, institutions and legislation do not simply attempt one-off changes to enhance transparency and accountability but instead seek to enshrine processes of continuous, ongoing improvements to water governance.