Climate Changes but Permits are Forever : Institutional barriers to climate adaptation of Swedish water management

Climate change induced hydrological changes affect the risk of extreme climate and weather events such as floods. To improve climate resilience there is a need for adaptation of the Swedish water management system; the foundation of which is the regulation and authorization of water operations in water bodies of all sizes. This study examines the legislation for water operations and a sample of water permits from the Motala Str¨ om catchment area with the intention of identifying institutional barriers and opportunities for adaptation. First, the thesis reveals a legislative tradition of reluctance to deviate from existing principles and requirements, and review or revoke existing authorizations, allowing thousands of water operations to continue operating using century-old permits, and perpetuating a principle of perpetuity that is incompatible with the principles of sustainability and the adaptive reasoning of the EU Water Framework Directive. Second, the age and lack of accessibility of permits creates a knowledge gap limiting the potential for effective coordination, necessitating coordinated archiving efforts. Third, the absence of environmental considerations and flexibilities for societal or hydrological changes necessitates the review or revocation of older permits to ensure compliance with modern regulation and create climate resilience. Finally, the lack of time limitations and mandatory general revision requirements, and the regulatory uncertainty and financial burden of forgoing permits limits the opportunities for adaptation. The thesis concludes that expanding the regulatory opportunities to forgo permits in emergency situations while conducting mandatory revisions for all water operations would create new opportunities for adaptation.