Hydroecological connectivity as a normative framework for aquatic ecosystem regulation: lessons from the USA
type: CreativeWork
description: Very little has been achieved during the first five decades of development and application of what is now known as environmental law, in terms of slowing the global rate of biodiversity loss and ecosystem degradation. A major factor in this lack of effectiveness has been, perhaps, too narrow a focus on individual elements that exist within ecosystems, rather than on the health of the ecosystems themselves. Additionally, very little attention has been paid to maintenance of the integrity of the many types of connections that exist between the different components of ecosystems, notably aquatic ecosystems. These components are connected not only by water, but also by a variety of ecological connections and pathways ¾ here termed 'hydroecological connectivity' (HEC). These connections are not only important in terms of providing abiotic and biota corridors between components, but they also act as conduits which can translocate pollutants from one location, over vast distances, throughout a fluvial ecosystem, consequently impacting virtually all areas of human life and nature. This thesis outlines the science underpinning the first connectivity-based water law regulation, the American Clean Water Rule (CWR) and analyzes a set of legal challenges to this Rule. Barring one instance, no substantive merit was found for any of the disputed claims. Furthermore, this thesis identifies the transferability of the Rule to South Africa. It was possible to empirically substantiate the merit of the single instance that lacked appropriate qualification in the CWR. The importance of HEC is elucidated in this work using the example of headwater streams which, in aggregate, comprise 79 per cent of the aggregate length of the mapped rivers in South Africa. Also provisionally evaluated is a brightline distance, lateral to fluvial watercourses, within which water resource components that are likely to be connected to the mainstem will be found. This provides a guideline for HEC-directed ad…
abstract: Very little has been achieved during the first five decades of development and application of what is now known as environmental law, in terms of slowing the global rate of biodiversity loss and ecosystem degradation. A major factor in this lack of effectiveness has been, perhaps, too narrow a focus on individual elements that exist within ecosystems, rather than on the health of the ecosystems themselves. Additionally, very little attention has been paid to maintenance of the integrity of the many types of connections that exist between the different components of ecosystems, notably aquatic ecosystems. These components are connected not only by water, but also by a variety of ecological connections and pathways ¾ here termed 'hydroecological connectivity' (HEC). These connections are not only important in terms of providing abiotic and biota corridors between components, but they also act as conduits which can translocate pollutants from one location, over vast distances, throughout a fluvial ecosystem, consequently impacting virtually all areas of human life and nature. This thesis outlines the science underpinning the first connectivity-based water law regulation, the American Clean Water Rule (CWR) and analyzes a set of legal challenges to this Rule. Barring one instance, no substantive merit was found for any of the disputed claims. Furthermore, this thesis identifies the transferability of the Rule to South Africa. It was possible to empirically substantiate the merit of the single instance that lacked appropriate qualification in the CWR. The importance of HEC is elucidated in this work using the example of headwater streams which, in aggregate, comprise 79 per cent of the aggregate length of the mapped rivers in South Africa. Also provisionally evaluated is a brightline distance, lateral to fluvial watercourses, within which water resource components that are likely to be connected to the mainstem will be found. This provides a guideline for HEC-directed ad…
author: Harding, William Russell
keywords: Water Law
date published: 2023
date modified: 2026-07-22T22:22:52Z
provider: University of Cape Town
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Department of Public Law

PropertyValue
property ID: Handle
value: http://hdl.handle.net/11427/38480