Abstract

Restoration of degraded ecosystems and declining species is a complex public process in which the interests of environmental organizations, irrigators, logging companies, water utilities, Native American communities, and multiple layers of public agencies often conflict. Once policymakers have consulted with stakeholders, identified restoration goals, initiated scientific investigations, and developed a restoration plan, on-the-ground implementation requires two types of efforts: dedication of specific land and water resource's to restoration, and changes in land and water management practices to assist restoration. For instance, restoration of an endangered fish species may require preventing development of a streamside land corridor, seasonally altering stream flows to assist fish survival, and modifying upstream grazing practices to reduce sediment runoff. Choosing the best methods to obtain the desired modifications in water flows and land management presents a challenge to restoration advocates.

Two broad categories of mechanisms are available: voluntary agreements and compulsory changes in land and water use mandated through litigation, administrative actions, and legislation. A purely voluntary approach could involve purchasing land or conservation easements in the riparian corridor, acquiring and retiring water rights to improve stream flow levels, and providing technical and financial assistance to promote water conservation and induce upstream ranchers to modify their grazing practices. This approach can make use of several types of tools: market transactions, charitable donations, negotiated agreements, incentive pricing for water to spur conservation, and cost sharing and technical assistance to encourage changes in land and water management. Compulsory mechanisms follow the three branches of government: court orders, administrative actions, and legislative mandates. A purely compulsory approach could involve litigation and administrative actions to prevent land development, alter water diversions, and change upstream dam releases, as well as legislation mandating improved grazing practices. While this Article first emphasizes the distinctions between voluntary and compulsory approaches, it later focuses on how the two approaches may complement each other in achieving environmental restoration.

This Article provides examples of voluntary and compulsory mechanisms used to further environmental restoration in the western United States. It discusses the strengths and weaknesses of different mechanisms using seven criteria developed for comparative analysis. The Article concludes with suggestions for making effective use of these mechanisms and for strengthening the efficacy of voluntary strategies to accomplish the changes in land and water management necessary to implement restoration.

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