Promoting Sustainable Water Management in Area Development: A Regulatory Approach

Abstract

Water management is an integral part of sustainable area/urban development, and this article examines the interplay between water law and governance in three cases in the Netherlands to determine what sort of written law can provide normative guidance during governance processes, whilst at the same time leaving ample room for innovation and allowing local actors to determine and implement the solution best suited to local circumstances. It is found that generic, abstract rules do not function well under all circumstances, whereas instrumental rules are not necessarily problematic and sometimes essential. In particular, rules are needed to allocate (financial) responsibility. However, the legal system must develop more refined ways to deal with uncertainty.