Chapter 5
Final Considerations and Open Scenarios
Abstract European river contract experiences demonstrate a growing integration
between these contractual agreements and the other instruments of water resources
management, and urban and territorial planning. Therefore, river contracts represent
innovative places for a new governance of river ecosystems and territories, also in
compliance with subsidiarity principle. The twofold nature of these contractual
agreementstechnical dimension and concertative approachtogether with their
expected wide evolution, allow to identify river contracts not only as sectoral tools
for water resource protection and management, but also as catalysts of a new
culture of water, recalling the deep interrelationships exist ing between hydrogra-
phy, hydrogeology, ecology, sociology, economics, public health and cultural
values.
The diffusion of river contracts (RC) in the European scenario is a phenomenon of
great interest for the implementation of integrated water management policies.
Starting from the rst experiences in the 1980s, RC have acquir ed considerable
exibility and offered original solutions for problematic issues related to river basin
management. The analysis of the experiences both completed and still underway
illustrates a growing trend towards integration between RC and other instruments of
basin management and urban and territorial planning.
Interest in RC heightened after the Second World Water Forum held in The
Hague in 2000, where, for the rst time, such contractual agreements were iden-
tied on a global level as suitable processes for promoting sustainable development
of territories at the river basin scale. During the Forum, the formal denition of RC
conrmed its relevance in terms of integrating the dimensions of public interest,
economic performance, social values and environmental sustainability. The
European Water Framework Directive (WFD), also in 2000, gave new impetus to
water resources management, stressing the importance of appropriately organized
forms of river basin management and participatory processes. Arguably, both the
Second World Water Forum and the WFD have rendered the breeding ground
fertile for the diffusion and adoption of RC as implementation tools for purpos es of
river basin planning, indeed through participatory and inclusive approaches.
© Springer International Publishing Switzerland 2016
M.L. Scaduto, River Contracts and Integrated Water Management in Europe,
UNIPA Springer Series, DOI 10.1007/978-3-319-42628-0_5
109
Across the board, the underlying theme of the river basin as the reference unit for
the implementation of integrated water management policies, has characterized all
major cases of RC. This reference unit, however, often involves territories which
are extremely complex and diverse from a geographic, environmen tal, social and
political viewpoint, all features that can affect the breadth and scope of the RC.
Notwithstanding the local environmental and geo-political territorial differences, the
river basin has contributed to characterizing these voluntary agreements as highly
concerted and inclusive instruments. In this sense, the all but secondary role that RC
have taken on in restoring physiographic, administrative and management identities
to river basins, has also contributed to helping rebuild up-stream and down-stream
relationships, and orienting actions towards a territorial dimension modeled on the
tenets of bioregionalism (Magnaghi 2011).
In this light, RC are capable of prompting new participatory processes that
primarily constitute important forums for dialogue and knowledge shari ng between
public institutions, associations and local communi ties. Indeed, during the actual
implementation of the RC, such venues for consultation are transformed into new
forms of exerci sing governance over the territory and new ways of transposing
European and national integrated water management policies into the different local
contexts. For example, in the course of the dialogue among institutions and local
stakeholders, RC may give rise to original innovations serving to generate more
effective solutions for innovative water management policies (Allain 2010; Berry
and Mollard 2010).
The interactions between public and private actors that may be achieved thanks
to RC are virtually limitless, given the host of combinations possible among players
and any number of forms of association between local authorities and individuals.
In fact, State, regional and local institutions, as well as non-institutional stake-
holders having some level of expertise, or that somehow interact in a given river
ecosystem, may all partake in these contractual agreements. At the inter-municipal
level, in particular, RC are able to promote extremely advantageous forms of
association between the different local communities, especially where there is a
need of consensus and cooperation, often due to geo-political fragmentation and/or
low popula tion density, abandonment phenomena of traditional productive activi-
ties and overall underdevelopment of the territory.
Thus, the subsidiarity principle too may nd in the RC an important venue for its
re-afrmation and concrete implementation, provided the institutionally agreed plan
of actions be aptly designed with due consideration for local territorial identities and
its realization take into account the different institutional competences and
decision-making levels, revolving around a specic river basin/sub-basin.
RC are ch aracterized in particular by a complex, essentially twofold nature
whereby a technical and sectoral dimension coexists with the other of the concer-
tative territorial governance (Bobbio and Saroglia 2008). These contractual and
voluntary agreement are, therefore, capable of activating new processes of inte-
gration between river basin and spatial planning. This is one of the domains in
which RC reveal their vast potential, in contrast both to the widespread structural
weaknesses of the interrelationships between local systems of urban and territorial
110 5 Final Considerations and Open Scenarios
planning, and to the absence of true coordination between all sectoral instruments
concerning rivers, and surface and underground waters management. In this sense,
the RC is identied as a liaising tool between the two spheres of planning, as well
as a solution to any possible overlap in institutional and legal competences of the
actors involved, or between the actions and interventions envisaged by different
programs and plans.
Undoubtedly, the specic potential inherent to RC must also come to terms with
the different national and local regulatory frameworks that establish the degree of
integration between integrated basin management and spatial planning. For
example, in France the relations between contrats de rivière (CdR) and urban and
territorial planning tools are decidedly strengthened by the constraint that the latter
be coherent with the Schémas Directeurs dAménagement et Gestion des Eaux
(SDAGE) and Sché mas dAménagement et Gestion des Eaux (SAGE), as seen in the
previous chapters. Therefore, basin plans give every assurance of effective synergy
between the different sectoral programming instruments, representing the common
regulatory framework of reference for both CdR and spatial planning tools.
The French example illustrates how RC prove instrumental in operatively and
progressively assembling the functional mosaic of integrated basin planning and
management, enabling an effective and lasting restructuring of an entire system of
territorial, social, economic and cultural relations between up-stream and
down-stream areas and communities. Moreover, in those contexts in which a SAGE
is not yet in force, the reection and actions underlying the implementation of a
CdR may actually serve as the groundwork that sets the stage for the procedures that
may bring to the adoption of a SAGE.
The analysis of experiences carried out in Europe, especially in France and Italy,
clearly shows how RC should hardly be considered a mere sectoral tool, relevant
only to the protection and management of water resources, but rather a generative
process that spans the domains of hydrography, hydrogeology, ecology, sociology,
economics, public health and culture.
Inasmuch as they constitute contractual agreements among public and private
promoters and other participating stakeholders, RC can be tailored, depending on
the case, to multiple elds of action relative to the thematic areas of specic local
interest. For example, in addition to actions aimed at safeguarding and re-qualifying
uvial environments, initiatives for improving the quality standards of water
resources may also be prompted along with others to sustain the production
capacity of the agricultu ral, shing and energy sectors. Similarly, purely technical
measures related to contrasting geological risks can be coupled to initiatives seeking
to bridge gaps in the overall knowledge base regarding specic hydrographic and
territorial regions. For example, through an interdisciplinary approach, the struc-
tural and infrastructural dimension of a RC plan of actions may be integrated by
conducting a census and determining the collective recognition of the component
parts of individual entities of naturalistic interest (biodiversity, ecological networks,
parks, reserves), anthr opological and cultural interest (cultural herit age, historic
built-up areas, cultural landscapes) and social interest (identity elements, gathering
places, recreational areas), and their interdependencies (Magnaghi 2011). In
5 Final Considerations and Open Scenarios 111
particular, with reference to the cultural interrelations, which in fact underlie all
others, it is interesting to point out how RC are able to build new awareness, on the
part of local communities, by fostering a new culture of water, via a commitment to
promoting education concerning ecosystems and forms of concerted dialogue, and,
thus, to achieving a heightened collective awareness of the values underlying the
water resources they share.
In this perspective, RC represent viable means for agencies and local commu-
nities to avail themselves of nancial resources, otherwise seldom accessible, to be
allotted for safeguarding and developing river territor ies and their natural and
anthropic ecosystems as well as for promoting sustainable development, via
apposite integrated action plans. In a number of cases its signicant potential could
bring to fruition integrated intervent ions for the comprehensive requalication of
territorial areas, whether intensely populated or suburban, whereas the latter are
otherwise all too commonly subject to processes of abandonment and marginal-
ization, if anything.
Evidently, this inherent potential of RC must nevertheless come to terms with
some principal limits that the analysis herein conducted on actual experiences in
Europe has highlighted.
The reference to the territorial, ecologic and hydrogeological unit of the river
basin, although addressing the natural context to which RC should refer, at times
nds itself at odds with the concerns of an administrative, institutional, economic,
social and political nature that distinctly characterize each territory. For example,
hydrographic units of greater territorial extension may, per se, represent a limit to
reaching adequate levels of internal cooperation amongst local actors and, thus, to
achieving the planned objectives.
The complexity and the time scales of river dynamics are additional potentially
critical points with respect to the application of RC, especially in relation to the total
duration of the action plan. For example, the experiences in France prove that the
average period of 57 years required for the implementation, of interventions may
in some cases result inadequate for achieving the planned objectives above all in
terms of contrasting geological risk and the environmental requalication of river
contexts.
The most characterizing feature of RC is howe ver still legal in nature and
consists in the signing of the negotiated agreement on a voluntary basis. In other
words, the territorial actors in a given hydrographic context are without any obli-
gation to adhere to RC, although promoted in most cases by State and local
institutions, thus only take part according to their specic interests and effective
political biases. In this sense, RC as yet are devoid of any regulatory bearing unlike
spatial planning and other integrated basin management tools. The non-binding
nature of RC may result in partial success in terms of stakeholder involvement in a
given river area, with the consequence of action plans being less than fully shared,
if contrasted with cases enjoying full participation of private parties within the
nancial and planning framework of a RC.
The process of territorial consultation and the active participation of stakeholders
are the two crucial factors in the implementation of RC. Almost without exception,
112 5 Final Considerations and Open Scenarios
the problems specic to a given local context require lengthy phases of shared
analysis and d emanding negotiations before reaching a denition of contents and
objectives of the project, and the signing of the contract.
The time requirements for activating the contractual procedure, which almost
invariably amount to approximately ten years, increase the overall probability of
signicant variations within the scenario of application of a given RC. Changes
having most bearing can occur in terms of the composition of the partnership, the
political representatives of the local authorities involved, the subject of interven-
tions, the availability of nancial resources and the natural dynamics of the
hydrographic context. These consultation processes can prove drawn out and
burdensome in terms of coordination of actors, conict resolution and effective
achievement of objectives.
Given the different evolution that RC have experienced in the European sce-
nario, as well as the particularities of the experiences within each national context,
the different renditions of such contractual agreements a re directly linked to the
legislative, institutional and local administration framework in matters of protection
and management of water resour ces and of the territory. The differences in terms of
normative references, procedures and contents, as well as the role of promoters and
implementing subjects, may represent considerable limitations for the realization of
RC impacti ng cross-border or interregional areas. For example, in the case of the
Segre River Contract, whose hydrographic basin in extended across the border
between France and Spain, in the central part of the Pyrenees, there were short-
comings in the effective coordination and true interaction among actors on either
side of the border (Maury and Richard 2011). In actuality, for the realization of the
Segre River Contract, signed in 2001, a managing body and a comité de rivière
were instituted for each partner State, while each comité de rivière housed a college
of representatives on behalf of its institutional counterpart. Although the synergy
between the two managing entities and the corresponding comité de rivière proved
instrumental in securing both local and European funding, the cross-border
dimension was ultimately percei ved more as a hindrance and a drawback than as an
actual advantage. In this regard, the case of the Segre River Contract reveals the
potential issues that may occur in the ambit of cross-border RC, in the presence of
situations of contention linked to the contrasting uses of water resources, absent an
effective degree of underlying institutional and cultural synergy among up-stream
and down-stream stakeholders.
The example mentioned also conrms that features of political, administrative
and technical steadfastness on the part of the organization that assumes the project
manager role in a RC, represent other key aspects of the potential success of these
negotiated and participatory processes. The crucial points, in this case, are closely
tied to the actual capacity of the managing bodies to (I) implement, promote and
support the dialogue between the parties involved, (II) coordinate the implemen-
tation of program of interventions, (III) be skilled in steering action plans
throughout, and (IV) monitor, even ex post , the actual outcomes of interventions in
the territories concerned. These aspects are particularly relevant in cases where the
managing bodies are individual or groupings of local authorities, which may easily
5 Final Considerations and Open Scenarios 113
be subject to periodic variations of their political representatives and interlocutors,
especially as a consequence of local rounds of voting. Conversely, State-instituted
technical organisms, or those, in any case, lacking a predominant political com-
ponent, are probably the best institutional candidates for the role of project manager
in RC implementation. In Italy, for example, the State-instituted no n-political
bodies of the Basin Authorities, accountable for hydrographic units management,
could take on a more decisive role in the promotion and implementation of RC,
albeit in collaboration with the regional and local authorities, and in strict adherence
to the princ iple of subsidiar ity. This would tend to maximize the synergy between
institutional competences, managerial, technical a nd nancial capabilities, thus
ensuring greater long-term administrative and management stability to activated
RC.
As previously highlighted, RC can contribute to apply the principle of sub-
sidiarity as they are operational tools capable of being tailored to the requirements
of each hydrographic territory. In this sense, in order to stave off the emergence of
conicting situations, it is betting that the politico-institutional dimension of a RC
uphold this principle, thereby ensuring that planning and operational orientations
actually be dened at appropr iate administrative levels. In other words, the pur-
ported action plans must take into account the effective authority and
decision-making powers of the lower-level government bodies among st local
institutions.
The principle of subsidiarity also refers to the theme of integration between
integrated basin management and urban and territorial planning, although the
interactions between the respective implementation tools remain beset with sys-
temic frailty. In some contexts of application, however, the fact that the requirement
of mutual compatibility between management tools still awaits a clear legislative
and normative characterization, may entail difculties in formalizing effective and
synergistic relationships among RC, basin manag ement plans and local spatial
planning instruments. These substantial interdependences have to become some-
thing more than the mere, mutual mentions of the various tools and plans in their
respective technical and normative documents.
The extent of actual integration among RC, basin plans and spatial planning
tools reects the internal consistency and, thus, validity of action program of each
contractual agreement. In fact, whenever effective synergy between the various
planning tools and a RC is maintained, the thematic structuring of the plan of
interventions tends to be well-balanced and better integrated with the theoretical
and operational orientations of basin plans, on the one hand, and with the plans for
governing the territor y at the regional, provincial or municipal levels, on the other.
Furthermore, this specic integration aspect is all the more relevant in those con-
texts concerned with the issues of Integrated Coastal Management (Granit et al.
2014), recently promoted in Europe by Directive 2014/89/EC entitled Directive
Establishing a framework for maritime, and Community-based Coastal
Management (Harvey et al. 2001).
Another potentially crucial point in the current scenario of RC concerns the
sources of funding and its appropriate use. At present, in most experiences
114 5 Final Considerations and Open Scenarios
implemented or still underway, the total investment required to bring the planned
interventions to fruition has been guaranteed by public funding, while the nancial
contributions from the private sector have been quite limited. After all, given the
inherent prevailing public interest in RC, it is quite understandable that the bulk of
the budget derive from State and/or European funds allotted for Regional devel-
opment and environmental expendi tures. Under these circumstances, however, it is
possible to focus on two potential pitfall s or areas of concern, the rst regarding the
redistribution of the allocated funds amongst the various implementing bodies, the
other represented by the inherent potential for political speculation, in the form of
tapping public resources for actions and interventions that are at times incons istent,
in part or in whole, with the objectives of a RC. In the rst case, the greatest risks
may present u nder untoward conditions of conict arising between the actors
involved or whenever there is any existing disproportion in the nancial resources
inequitably allocated among the various territorial contexts and social groups
concerned. In the second case, the initiation of a RC could underlie local political
interests, even in stark contrast with the purported goals of the RC paradigm and, if
anything, more oriented to securing funds for interventions, all but entirely con-
sistent with the ends of integrated management of river basins and matters per-
taining thereto.
In light of the considerations expounded thus far, the realization of the potential
of RC and, at the same time, the progressive troubleshooting of the crucial points,
may actually be accomplished through (I) a greater legislative and nancial support
for their dissemination and implementation, (II) a deeper analysis of every under-
taken RC experience and, conseque ntly, a greater dissemination and sharing of
consolidated knowledge and know-how, (III) true incentives for transferring
methodological, technological and management skills matured in an increasingly
unied European context, to the benet of communities and territories within and
without Europe.
Undoubtedly, at the European level the denition of an EC legislative and
nancial framework specically dedicated to RC, appears as the rst step towards a
true evolution of these instruments. This innovation should clearly operate both in
the sense of a greater normative alignment with other sectoral planning tools, as
well as on a legal and regulatory plane by ne-tuning their contractual and par-
ticipatory nature.
At present, the molding of such a European framework cou ld already draw on
the ample repertoire of RC, either completed or underway, as well as on relevant
elements taken from various national and regional laws and regulation. In this
respect, the issue of a specic EC directive seems a reasonable aspiration, specif-
ically in terms of the regulation of RC and on the identication of appropriate
funding sources. The transposition of such a directive would hasten the legal
standardization of RC in all national contexts and the acknowledgment of their role
in the implementation of integrated water management policies at the scale of the
hydrographic basin.
The purpose of such a directive should also be to identify adequate programs and
EC funding sources to support the dissemination and implementation of RC,
5 Final Considerations and Open Scenarios 115
especially to those contexts where they are as yet limited. On the nancial front, the
same directive could induce Member States to, in turn, identify the national and
local budget sections to be allocated specically for RC, also through eventual
co-founding partnerships between public and private entities. Moreover, the
establishment of European and nati onal funds specically earmarked for the
implementation of water policies through RC could substantially contribute to
limiting potential cases of political speculation aimed at securing public funds for
interventions that are anything but wholly consistent with the ends of RC.
Another key issue for the evolution of the RC model, at the European level,
consists in expanding the forms and vehicles for sharing knowledge, either con-
solidated or in the making, throughout the various national contexts. Specically, it
is a matter of fostering more effective analyses of the RC experiences both com-
pleted and still underway, through opportune methods, whether single or multiple,
of systematization of knowledge frameworks, executive projects, shared and par-
ticipatory processes, inclusive of the actual results achieved by each action pro-
gram. Organizing such knowledge bases within national and regional information
networks, while allowing access to them via a dedicated portal at the European
level, is of utmost importance when one considers the prospect of more effective
exchanges of best practices and know-how, both among different Member States
and among the various regional and local contexts more closely concerned with the
specics of river basin management. The main goal, far from trying to uniform the
variety and diversity of local declensions of RC according to a single abstract
standard, should be, above all, to disseminate knowledge and permit mutual
comparisons between the various local frameworks of reference. In all likelihood,
only by providing potential promoters of RC with straightforward and effective
access to the complete proles of the experiences already implemented and those
still underway, it will be possible to optimize the local declensions, while increasing
the acceptance and adoption of such contractual instruments.
The considerations above make it seem only appropriate that an institutional and
research network be activated, ideally comprising a European observatory together
with similar observatories at each national level, for purposes of conducting
advanced studies and promoting the diffusion of RC.
There are already some examples of active institutional observatories concerned
with RC, such as the one operating at the national level in France, namely Gesteau
(http://www.geste au.eaufrance.fr), and another at the regional level in Italy, to wit
Contrattidiume.it (http://www.contratt idi ume.it), established by the Regione
Lombardia. Of particular interest are also two initiatives being conducted, as of late,
in the Italian scenario, specically the National Board on River Contracts and the
European Action Group named Participatory European Network on Water
GovernanceSmart Rivers Network, promoted as of 2015 by the same National
Board.
The National Table on River Contracts was established in 2007 as a national
organism linked to the Italian Coordination of Local Agendas 21, with the aim of
creating a venue for the exchange of best practices in integrated water management
and for the promotion of RC in Italy. This body originally included the Regione
116 5 Final Considerations and Open Scenarios
Umbria, several municipalities adhering to Agenda 21, local authorities whi ch had
already taken part in RC, environmental authorities responsible for managing u-
vial wat ers as well as other associations. Before long, the National Board had
received extensive approval from the State central administrations responsible for
the management of water and the environment, regional and provincial adminis-
trations, and several municipal authorities, as well as from research centers and
universities, professionals and trade associations. A rst signicant result was
achieved in 2010, at the 5th Annual Meeting of the National Board where the
National Charter of River Contracts was presented as the declaration and ofcial
guidelines for the realization of new intervent ions aimed to re-qualify and enhance
the quality status of river basins, through the application of the RC operational
model.
At present, the National Board on River Contracts represents a valid prototype
of a local observatory, characterized by the interaction of the skills and expertise of
researchers, scholars, experts, technicians, professionals and representatives from
the institutions, the research and academia communities, professional associ ations,
as well as educational, civic and environmentalist groups. Under its roof, in fact, the
modus operandi for promotion and dissemination incorporates the fundamental
constituents of the methodological and procedural model of the RC, such as an
interdisciplinary approach, active dialogue between the various stakeholders and
regard for consultation and participatory processes.
From the experience of this National Board directly descended the second
initiative, even more focused on the European scenario of RC. The above men-
tioned European Action Group Participatory European Network on Wate r
GovernanceSmart Rivers Network, in addition to members of the Italian Board,
includes representatives and experts from other Member States. The intent of this
working group is to promote forms of participatory governance throughout
European hydrographic territories by creating a network for institutional coopera-
tion, so as to promote greater awareness of the role of RC in the context of
participatory proces ses applied to integrated water management policies, while
expanding their diss emination to areas of more limited application, such as Eastern
Europe. Currently, this emerging workgroup is part of the Water Action Groups
within the framework of the European Innovation Partnerships. In this facet, it may
hopefully pave the way for a new network of observatories on RC in Europe.
From the perspective of the next implementation of such a network of special-
ized observatories, it is also possible to identify, even at the technological level,
some reference paradigms useful for more advanced sharing of consolidated
knowledge, required for in-depth analyses of all cases in which RC have been
applied. In fact, the realization of one or more technological platforms based on the
potential of the web, the GIS (Geographical Information System) and related
webGIS applications, the interopera bility between computing systems and
social-networking servic es for users, typical of social media, together may represent
the optimal approach to achieve the objectives of sharing, disseminating and
updating new common knowledge bases on RC.
5 Final Considerations and Open Scenarios 117
Nowadays, the methodological and technological scenario offers applications of
great interest and potential, for instance Public Participation GIS (PPGIS) that
represent a particular adaptation of GIS-based technologies. Specically, a PPGIS
combines the management and mapping of geospatial and thematic information,
typical of GIS applications, with full support of participatory processes relied on in
many sectors, such as sectoral planning, project design and management of specic
territorial facets of public interest (Brown and Kyttä 2014).
The PPGIS paradigm offers diverse features of interest for all those procedures
which require, in the rst instance, the mapping out and consolidation o f general
and thematic knowledge frameworks to be shared and collaboratively updated by
numerous stakeholders having institutional authority and operational expertise,
scientic and technical skills, and their own resources, differentiated according to
their territorial roles as well as their political, social and economic interests. Indeed,
the main potential of PPGIS lies in its ability to reach and involve a host of
territorial actors, interest groups and even single individua ls, in a manner ada ptable
to the single citizen proles and skills of each, at the same time amplied due to the
interactivity offered by such web 2.0-based tools.
As such, it is evident that PPGIS can be a valid methodological, technological
and procedural solution to support the activation and promotion processes of RC,
rstly for mapping out the knowledge frameworks and dening the plans of actions
and, subsequently, for the actual implementation phases and the continuous mon-
itoring of interventions. Therefore, having recourse to PPGIS within the ambit of
the implementation process for RC could represent an apt alternative, especially for
the engagement of local communi ties, and for the development of new forms of
communication and sharing of knowledge and common languages, made accessible
to different types of stakeholders in an easier and well-delineated way. In this
perspective, PPGIS could product ively collect through an integrated representation
different procedures and practices that have already been developed during the
implementation of numerous RC, and those that are still being developed within the
ambit of national technical boards and observatories dedicated to this specic
matter.
The possible forms of integration of PPGIS within the preparatory and imple-
mentation pathways of a given RC should include, rst of all, activities of a
methodological and technological nature shared among the promoters of the ini-
tiative and the other relevant players responsible for integrated basin management,
spatial planning, Information Communication Technologies (ICT) and GIS, aimed
at the implementation of dedicated public information plat forms. Within these
virtual collaborative spaces, general and thematic knowledge bases would then be
opportunely systematized and updated in order to ensure that all players are allowed
full access to the information base and to the different planning scenarios of the
project, via dedicated web-based applications, also integrate d with typical social
media services.
As well-known advantages accruing from GIS-based technology are numer ous,
particularly regarding the logical organization and integration of data made
available through various planning tools in use within a specic territory
118 5 Final Considerations and Open Scenarios