An Urgent Dialogue between Urban Design and Regulatory Framework for Urban Rivers: The Case of the Andalién River in Chile

Abstract

Climate change scenarios predict alarming levels of water scarcity and damaging flood events worldwide. Considering hydric systems in integrated spatial planning will be crucial in mitigating, adapting, and reversing climate change’s catastrophic effects. This paper focuses on fluvial restoration as part of urban and territorial regulatory frameworks in the Andalién River and the city of Concepción in Chile. We consider three work scales: (i) basin, (ii) river reaches which focus on the city–river interplay, and (iii) site-specific, deepening the discussion around the last two. The objective is to elaborate an interdisciplinary dialogue between urban design, fluvial dynamics, and the Chilean regulatory framework where property rights play a predominant role in the management of natural resources (water and land). In this regard, the ‘New Latin American Constitutionalism’ offers concrete possibilities to operationalize an emerging paradigm that recognizes legal personhood for Nature. The incorporation of an ecological function to property rights emerges as a new way in which the principles of resilient urban development can be applied in order to combine river dynamics and urban growth.