Es 2022 13594
Es 2022 13594
Es 2022 13594
Ford, Z. E., S. Jackson, G. Bino, K. J. Brandis, and R. T. Kingsford. 2023. Scale, evidence, and community participation matter:
lessons in effective and legitimate adaptive governance from decision making for Menindee Lakes in Australia’s Murray-Darling
Basin. Ecology and Society 28(1):15. https://doi.org/10.5751/ES-13594-280115
Research, part of a Special Feature on Deeper Water: Exploring Barriers and Opportunities for the Emergence of Adaptive Water
Governance
ABSTRACT. Rivers and their interdependent human communities form social-ecologically complex systems that reflect basin scale
functionally but are often governed by spatially mismatched governance systems. Accounting for this complexity requires flexible
adaptive governance systems supported by legitimacy in decision-making processes. Meaningful community dialogue, information
exchange, transparency, and scientific rigor are essential to this process. We examined failings in the adaptive governance of the Menindee
Lakes system, a major Australian wetland system on the Barka/Darling River of the Murray-Darling Basin. Ecological sustainability
of the Menindee Lakes was a casualty of a top-down governance, driven by the New South Wales Government in pursuit of “water
savings” for the Murray-Darling Basin, a large scale, federally influenced region. We used quantitative and qualitative methods to
analyze long-term social-ecological impacts and stakeholder perceptions of adaptive governance. State and federal government agencies
failed basic processes of adaptive governance, ignoring local environmental sustainability in pursuit of basin scale objectives at great
cost to governments, communities, humans, and non-humans. This resulted in the development of an ineffective, technocratic solution
that lacked community input, leading to a complete loss of support by local communities, including traditional owners. We emphasize
the importance of elements of scale in adaptive governance projects, if such projects are going to be effective and legitimate with
consequences of coarse commitments to large spatial scale political and environmental objectives.
Key Words: adaptive governance, evidence, legitimacy, river flow, scale, waterbirds
INTRODUCTION Only flexible governance systems can address coupled water and
Rivers and their dependent ecosystems are complex social- human systems that evolve together over time and comprise highly
ecological systems. Because of their complexity, management of contextualized and dynamic human-water relationships
these systems can often have unpredictable outcomes, which (Anderson et al. 2019), which are often multijurisdictional and
disrupt function and feedback within the social-ecological system have unpredictable feedback between ecological and social
(Berkes et al. 2000, Rogers et al. 2013). Freshwater ecosystems systems (Olsson et al. 2004, Chaffin et al. 2016). Adaptive
support a disproportionate amount of biodiversity and ecosystem governance approaches attempt to manage this uncertainty and
services, often over large spatial scales (Strayer and Dudgeon complexity in social-ecological systems through learning-based
2010, Reid et al. 2019), making environmental governance of and flexible decision-making processes that aim to adaptively
these systems important for sustainable global resource use negotiate and coordinate complex management (Dietz et al. 2003,
patterns. They also face considerable uncertainty with global Folke et al. 2005). This often occurs across multiple levels of
climate change and increases in water resource development organizations, involving government and non-government actors,
degrading ecosystems (Folke et al. 2005, Junk et al. 2013, supported by systems that use rigorous scientific information and
Kingsford et al. 2016, Finlayson et al. 2017). encourage public learning to support evidence-based decision
making (Pahl-Wostl et al. 2007); however, adaptive governance
River basins depend on river flows often originating high up in a
frequently fails to be implemented across all these levels of
river catchment or watershed, where water must sometimes travel
governance (McLoughlin et al. 2020). These learning processes
thousands of kilometers, usually traversing many different
enable the coordination and context for choosing between
management jurisdictions (Moss and Newig 2010). This can be a
management actions, monitoring their effects, and adjusting
challenge for water governance because this interconnectedness
actions as different components of the social-ecological system
contrasts with often discontinuous and nested political/
change (Folke et al. 2005).
administrative levels of management (Molle 2009). This
interconnectedness produces a mismatch between geographical As such, adaptive governance requires trustworthy information
and governance scales, often with top-down governance processes about the biophysical and associated social processes of river
or centralized decision making, which fail to provide effective systems relevant and in scale with management decision making
solutions for natural resource issues and coordinated governance (Dietz et al. 2003, Vella et al. 2015). Administrative transparency
(Cash et al. 2006, Lemos and Agrawal 2006, Ekstrom and Young and the inclusion of community dialogue in decision making is
2009, Guerrero et al. 2013). These mismatches can also occur important for building trust in this information and establishing
when the scale of spatial and temporal variability in a river system legitimacy (Cosens and Williams 2012, Hogl et al. 2012, Jackson
(Walker et al. 1995, Scown et al. 2016) is not accounted for in 2019), which is essential for creating effective solutions.
governance structures, especially with added uncertainty from Trustworthy information for decision making depends on reliable
climate change (Cumming et al. 2006). sources and scientific knowledge used with integrity in the
1
University of New South Wales, Sydney, Australia, 2Australian Rivers Institute, Griffith University, Queensland, Australia, 3Centre for Ecosystem
Science, School of Biological, Earth and Environmental Sciences, UNSW, Sydney, Australia
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development of publicly trusted policy (Colloff et al. 2021). regional natural resource management agencies (Pittock 2019).
Transparency, free access, and documentation are essential to the State and territory governments are primarily responsible for land
community for informed and meaningful engagement in decision and water management under the Australian constitution.
making (De Stefano et al. 2012). These factors are also important Institutional complexity has increased over recent decades with
for stakeholders to understand decisions and solutions so they the addition of new institutional arrangements that have
can influence them to benefit their own goals (Arnstein 1969, centralized decision-making, in step with the increasing diversity
Badenoch 2002). Moreover, the public's involvement in decision of environmental problems (Wallis and Ison 2011). In 2007, the
making relies on good engagement to draw on their knowledge, Australian Government took overarching control of the
values, and perspectives for sound and rigorous outcomes development of a restoration program under the 2007 Water Act,
(Arnstein 1969, Jackson 2019). implemented through the MDB Plan (Swirepik et al. 2016). This
centralized decision making to a larger basin scale of governance.
This transparency and meaningful participation are important
It was justified by an awareness of the environmental crises
components of effectiveness and legitimacy within adaptive
exacerbated by the millennium drought of 2002-2010 and led to
governance structures (Hogl et al. 2012, O’Donnell et al. 2019),
increasingly technocratic solutions that in the region (Jackson and
and gaps in their implementation can exacerbate the challenges
Head 2020), failed to give sufficient attention to local
of achieving good governance in multijurisdictional and
participation and community expectations for legitimacy
multiscale systems (Badenoch 2002, Akamani and Wilson 2011).
(O’Donnell et al. 2019).
This can also reduce trust, exacerbating preexisting conflict
among actors when there are competing viewpoints (Lien et al. The basin-wide restoration program began with the Australian
2021). Adaptive processes need to be sincere and understood by Government reducing water allocations via a sustainable
communities for effective engagement (Allan and Watts 2018). diversion limit (SDL) set for the entire MDB, with a target of
restoring 2750 GL a year to the river system. The primary
The Menindee Lakes mechanism for achieving this was the “buying back” of water
We examined elements of adaptive governance for current diverted for irrigation. A secondary mechanism involved
decision making related to a major wetland system, the Menindee investments in irrigation systems to increase water use efficiency
Lakes (457 km² Water NSW 2022), which was a system of natural (Grafton and Wheeler 2018). Water was to be bought back by
lakes made into dams to store water (total storage volume of 1731 willing sellers, primarily the irrigation industry. However, in 2015,
GL) by a large weir across the Darling River in the 1960s the current Australian Government decided that the economic
(Appendix 1, Fig. A1.3). This water was delivered locally to the impact on the irrigation industry was too great and put a halt to
nearby city of Broken Hill, to the lower part of the Darling River, the buyback of water. Instead, they decided to reduce water
and to South Australia. The Darling River is in the Murray- consumption through improved water efficiency. Subsequently
Darling Basin (MDB) of south-eastern Australia (Appendix 1, the Australian Government directed the state governments to
Fig. A1.3) where geographic scale and institutional complexity identify water efficiency projects that could “offset” reduced water
contribute to the difficulty of water management (Alexandra recovery targets by achieving “equivalent environmental
2018). The basin is the largest in Australia, spanning one seventh outcomes” with less recovered water (MDBA 2012).
of the continent (1,059,000 km² Australian Bureau Statistics
2010) where 2.2 million people live, and surface water supplies The Menindee Lakes project was the largest water efficiency
about 40% of Australia’s irrigated agricultural output (MDBA project in the MDB, likely to deliver the greatest dividend in water
2016). The region functions as a complex social-ecological savings to meet the target under the MDB plan (MDBA 2017,
freshwater system and includes many recognized sites of high NSW Department of Natural Resources 2007). The project at
biodiversity (Kingsford 2004, Bino et al. 2016). Freshwater Menindee, which was expected to save 72 GL of water (NSW
ecosystems in the Murray-Darling Basin have been in ecological Department of Primary Industries 2017), was administered as a
decline for decades (Walker 1985, Kingsford 2000, Pittock and sustainable diversions adjustment mechanism (SDLAM) project
Finlayson 2011) primarily due to water resource development in (hereinafter referred to as the Menindee Lakes project). This
the basin that has had a strong impact on flow and flooding project had a long history with the NSW Government (the 1990s),
regimes (Kingsford 2000). Because of this, the basin has been in which more “efficient” management of the Menindee Lakes
subject to large-scale policy and law reform over the past 20 years, was considered a priority for water recovery. It relied upon
much of it aimed at restoring environmentally sustainable levels engineering structures and changes to management operations to
of water extraction and the delivery of water into the environment reduce evaporative losses from the lakes (Bewsher Consulting
through integrated basin management (MDBA 2012). The 1994).
recovery of these flows is an essential component of the In 2018, the Menindee Lakes project was formally adopted by the
conservation of wetlands within the basin, however, many NSW Government to be completed by 2024, at an initial cost
wetlands have not received adequate environmental flows to estimate of $A151.8 million (NSW Department of Industry
achieve expected ecological benefits (Chen et al. 2021). 2018). The associated cultural, ecological, and economic risks of
The Murray-Darling Basin is characterized by considerable the project and the inadequacy of government community
institutional complexity in large part because of its federal consultation have caused considerable stakeholder concerns
governance settings (Wallis and Ison 2011) with at least 6 major (Australian Productivity Commission 2018, NBAN and
policy contestants comprising 4 basin states (Queensland, New MLDRIN 2019, South Australian Government 2019, Jackson
South Wales, South Australia, and Victoria) and Australian and Head 2020). Key concerns were the lack of transparency,
Capital Territory, the Australian Government, as well as 21 flaws in the decision-making processes, and the likely local impact
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and inequity in their distribution, although some questioned the the rainfall stations (Appendix 1, Table A1.2). This averaged value
fundamental assumptions of the water savings objective. The was then weighted to each catchments contribution (%), to annual
likelihood of the project’s failure jeopardized the project's discharge for the Barka/Darling River (CSIRO 2008) to form a
intended significant contribution to water usage efficiencies rainfall index that reflected the different contributions of each
(offset) under the MDB plan (MDBA 2020). tributary river system to flows in the Barka/Darling:
A major concern of the project area included a large portion of Rainfall index = Annual cumulative rainfall for
Kinchega National Park (Appendix 1, Fig. A1.3), which was set catchment (mm) x Catchment contribution to flows for
aside to protect biodiversity and cultural and recreational values, the Barka/Darling (%)
including wetlands (NSW National Parks and Wildlife Service
We then modeled the relationship between this index and time for
1999). The lakes and a 400 km stretch of the Darling River also
each catchment separately and combined, using the built-in linear
sit within an area determined, in 2015, as native title under the
model function in R (R Core Team 2021). This tested for
Barkandji people native title claim. The recognition this claim
differences in rainfall in the tributary catchments into the Barka/
brought is critical to the Barkandji people because the Darling
Darling and Menindee Lakes, again between three periods of
River, or Barka, (now referred as Barka/Darling River) and its
water resource development (pre-development 1881-1959,
waters are central to their existence (Hartwig et al. 2018).
increasing development 1960-2008, and water recovery
However, despite this legal recognition, water governance
2009-2020; Table 1; Appendix 1, Table A1.1). This was done by
structures in the region, and MDB more broadly, have
using estimated marginal means, using the “emmeans” package
dispossessed Barkandji people of this water and continue to
in R (Lenth 2019) with pairwise comparisons of each catchment
marginalize them from decision-making processes such as water
among these three different periods of development (Appendix
sharing plans (O’Bryan 2019, Hartwig et al. 2022).
1, Table A1.1).
The New South Wales Government explicitly stated that the
We also investigated trends in annual river flows into the
project aimed to use an “adaptive and outcomes-based
Menindee Lakes (Gauge 425012; Water NSW 2020) in reference
governance approach” (NSW Department of Industry 2018:96).
to water resource development. Annual cumulative flow data were
Further, adaptive management and working effectively with local
available at Menindee Lakes (Gauge 425012; Water NSW 2020)
communities were also stated as key principals to be applied to
for the two latter periods but not for the pre-development phase.
environmental watering efforts under the Murray-Darling Basin
For the pre-development phase (1890-1959), we modeled the
plan (MDBA 2012). These intentions provided us with an
relationship between annual flow at the upstream (117 km) gauge
opportunity to examine the effectiveness of this attempt at
at Wilcannia (1880-2019; Gauge 425008; Water NSW 2020) and
adaptive governance. We investigated critical elements of adaptive
Menindee Lakes, using a linear model, which had a strong and
governance and decision making for the Menindee Lakes
positive association (R² = 0.97, p < 0.01; Appendix 1, Table A1.3,
SDLAM project, including scientific evidence, public learning,
Fig. A1.1). Data from both gauges were log transformed to
and scales of decision making. We examined two biophysical
improve normality and homogeneity of variance to meet linear
elements in relation to the ecological condition and selection of
model assumptions (Appendix 1, Fig. A1.2). This relationship
Menindee Lakes for basin-scale water savings targets: (1) long-
was then used with the inbuilt “predict” function in R to hindcast
term (1880-2019) rainfall and flows into the Menindee Lakes from
flows for Menindee for the pre-development phase, using
the Barka/Darling River and (2) the abundance and richness of
untransformed Menindee (where available) and Wilcannia data.
waterbirds at Menindee Lakes (1983-2019) in association with
This allowed us to track annual flows for Menindee over time and
flows. We also examined public learning through investigating the
test for differences among the three development periods
perceptions of local communities dependent on the ecosystem,
(Appendix 1, Table A1.1).
about the ecological condition of the lakes, participation in
decision making, and future options for the Menindee Lakes and There are seven flow thresholds, which relate to different
the Barka/Darling River. We also examined the transparency, ecological and hydrological responses, adapted from analyses for
accessibility, and composition of information sources for the the Barwon-Darling water sharing plan (NSW Department of
documented evidence that the government based their decision Primary Industries 2017). These included cease to flow (< 90 ML
making on in the business case for the Menindee Lakes project day-1), very low flows (90-400 ML day-1), base flow (400-4000 ML
(NSW Department of Industry 2018). day-1), small freshes (4000-10000 ML day-1), large freshes
(10,000-20,000 ML day-1), bankfull (20,000-29,000 ML day-1),
METHODS and overbank (> 29,000 ML day-1; Appendix 1, Table A1.4). We
Evidence based for decision making examined the changes to the annual frequencies of these seven
flow thresholds to the Menindee Lakes over the three
Rainfall and flows development phrases (1881-2019) using linear regression
We investigated changes in flow and rainfall patterns to Menindee (Appendix 1, Table A1.5). Data were normally distributed, and
Lakes given their reliance on water for flooding from upstream assumption of constant variance was met.
on the Barka/Darling River, which is supplied by seven
catchments (Appendix 1, Fig. A1.1). Twenty-one rainfall stations Waterbird communities
among these catchments provided long term (1890-2019) annual We examined trends in waterbird communities, which are a useful
cumulative rainfall data (BOM 2020). Data for each catchment indicator of ecosystem change in freshwater ecosystems
were averaged from all the rainfall stations within the catchment, (Kingsford and Norman 2002, Green and Elmberg 2014), using
which allowed us to account for gaps in data availability among long-term data (1983-2019) collected for some of the lakes within
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Table 1. Changes to flow and flooding regimes of Menindee Lakes from natural, before river regulation of the lakes (pre-development),
subsequent development of the lakes, and its inflowing Barka/Darling River and tributaries with descriptions of the developments and
effects on flooding regimes.
a 30 km survey band during the eastern Australia waterbird Published evidence for decision-making for the Menindee Lakes
surveys (EAWS; Kingsford et al. 2020; Appendix 1, Fig. A1.3). project
We examined annual trends in total waterbird abundance within We also systematically searched available public databases for
five functional response groups of species (ducks, piscivores, information cited within and relevant to the Menindee Lakes
herbivores, large waders, and small wading birds; Kingsford et al. project (NSW Department of Primary Industries 2017) using Web
2017). We log-transformed annual waterbird abundances and of Science (WoS) of Thomson Reuters, Scopus of Elsevier,
used the built in “lm” function in R (R Core Team 2018) to Environment Complete of EBSCO, and Google Scholar
evaluate potential associations with annual flows at the Menindee databases. We searched using phrases from cited statements
Lakes flow gauge (Appendix 1, Table A1.7). We only reported within the business case for the Menindee Lakes project (NSW
declining trends in waterbird abundances, however, these are Department of Primary Industries 2017). Documents published
predominantly related to river flows and wetland flooding after the publication of the business case (2017) were excluded.
(Kingsford and Thomas 1995, Kingsford 1999, Kingsford et al. We also searched for historical documents in the water
1999, 2002, 2010, 2017, Roshier et al. 2001, Arthur et al. 2012, information system for the environment database (University of
Bino et al. 2015). This also established that waterbirds were a New South Wales 2020) and the Trove library database
useful environmental indicator for the Menindee Lakes and the aggregator, https://trove.nla.gov.au/. We also obtained four
Darling River. Assumptions of normality, homogeneity of relevant documents through a parliamentary order for papers
variance, and linearity were evaluated using residual-fitted, from the legislative assembly of the NSW Parliament, provided
residual frequency, and normal quantile-quantile plots in print form converted to a digital form by scanning. We obtained
(Appendix 1, Fig. A1.2). We also reported on changes in all but two cited documents in the business case; these two were
abundances between the first five and the last five years. not publicly available. All documents were then categorized into
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Fig. 1. (a) Cumulative total annual rainfall of each tributary river and the Barka/Darling River catchments, weighted for each river’s
contribution of flows to the Barka/Darling River (Appendix 1, Table A1.1) and a trendline for average total rainfall (continuous
black line); and changes to flow, (b) annual number of cease to flow days (< 90 ML day-1; 1881-2019) at Wilcannia over the three
phases of water resource development, pre-development, development, and water recovery and, (c) annual flows in the Barka/
Darling River at Menindee Lakes (hindcasted data 1883-1959, see rainfall and flows methods section).
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peer-reviewed and non-peer-reviewed documents, grouped by five decreased by 18% between the development (2849 GL, 1959) and
themes identified from the content of the business case (government water recovery periods (1815 GL, 2009-2020; z = 2.08, p = 0.03;
management, hydrology, ecology, cultural issues, and social issues). Fig. 1b; Appendix 1, Table A1.6). Average annual flows also
These were then separated into documents cited in the business case decreased by 21% between the pre-development (3971 GL,
for the Menindee Lakes project and others available but not cited. 1881-1960) and water recovery periods (1815 GL, 2009-2020;
We also noted if each peer-reviewed document was open-access or z=-2.14, p=0.03, Fig. 1b; Appendix 1, Table A1.6). Further, the
behind a paywall. annual number of cease-to-flow days (< 90 ML Day-1) at
Menindee Lakes had significantly increased from 1881-2019 (t =
Local stakeholders 4.58, p < 0.01; Fig. 1c; Appendix 1, Table A1.5). Annual
We surveyed the local community, which we categorized into three frequencies (days) of the other six different flow thresholds
groups: Aboriginal traditional owners from Menindee, non- examined did not significantly change from 1881-2019 (Appendix
Aboriginal local residents from Menindee and Broken Hill, and 1, Table A1.5). Additionally, other studies found increasing low
local farmers from the Barka/Darling River immediately above and flows and decreasing, small freshes, bankfull flows, and overbank
below Menindee Lakes. We used in-depth qualitative interviews (10 flows at gauges close to Menindee from 1896-2009 (Australian
per group). We used the snowballing method to identify Academy of Science 2019).
interviewees (Atkinson and Flint 2001) beginning with key
community representatives. Each group of interviewees was asked Water resource development and flows
a series of questions about local ecosystem services, government Major infrastructure and policy changes occurred through the
decision-making, and the consultation process for the Menindee development phase to the Menindee Lakes, Barka/Darling River,
Lakes project (Appendix 1, Table A1.9). The lead author did all the and its tributary rivers (Table 1). Before 1960, Menindee Lakes
interviews to ensure consistency, adopting a semi-structured format filled and dried in response to the flow regimes of the Barka/
(Creswell et al. 2006, Adams 2015). Interviews were recorded, Darling River, usually holding some water for some time. This is
transcribed, and then provided to each participant for review before based on local observations from a local resident over a 30-year
analysis. These interviews were supplemented with a publicly period in the late 1800s, which included the federation drought
available, online survey, which was advertized in the local paper (1895-1903; Table 1). Governments built the Main Weir (dam)
and radio, for local people covering the same questions, except using across the river, channels, weirs, and regulators after 1960,
Likert scale responses (de Winter and Dodou 2010). increasing the flooding of some of Menindee Lakes, which were
turned into regulated storages to supply downstream users (Table
We used semantic thematic analysis to analyze transcripts using
1). After the mid-1980s, flows reaching Menindee Lakes decreased
NVivo qualitative data analysis software (QSR International Pty
with the large government-built dams and private storages, which
Ltd 2020) by semantically coding (identifying and coding parts of
allowed diversion of flows from the Barka/Darling River and its
text within transcripts by their explicit meaning) for themes in
seven tributaries (Table 1; Appendix 1, Fig. A1.3a).
participants’ responses to interview questions (Goddard 2011),
beginning with a pilot set of transcripts (one from each group), Waterbird communities
which were reviewed by a panel of researchers that did not conduct Waterbird abundances were significantly and positively
interviews (Turner 2010). We identified key themes and subsidiary associated with Barka/Darling River flows at Menindee Lakes (z
issues within the 30 transcripts through this semantic coding. We = 2.6, p = 0.01; Appendix 1, Table A1.7) and negatively associated
determined the frequencies in which each issue was mentioned in with year (z = 1.9, p = 0.06; Appendix 1, Table A1.8). Total
each transcript and explored the associations among different waterbird abundances on the Menindee Lakes had indicated an
issues and responses using a hierarchical cluster analysis (Guest average annual decline of 7.5% (Appendix 1, Table A1.8) and total
and McLellan 2003). We then used the built in “chisq.test” function decline of ~68% (Appendix 1, Table A1.8) within the development
in R (R Core Team 2021) to test for differences in the proportions (1983-2008) and water recovery periods (2009-2019; Fig. 2). Four
of each issue within each theme among the three interview groups out of five functional response groups to waterbirds experienced
(traditional owner, local resident, and farmer). significant annual declines between 1983-1988 and 2014-2019 (t
< 2.63, p < 0.01; Appendix 1, Table A1.8). Ducks experienced the
RESULTS highest decline between 1983-1988 and 2014-2019 with a 72%
Evidence based for decision making average decline followed by piscivores (44%), herbivores (33%),
and large waders (9%). Shorebirds experienced no significant
Rainfall, flow, and flooding regimes at Menindee Lakes change. Abundances of four of the five functional response
Despite several periods of prolonged drought, there was little groups were significantly associated with river flows, with
evidence of any major changes in annual rainfall patterns in the shorebirds indicating some decline (t = 1.74, p = 0.09; Appendix
tributaries or the Barka/Darling River over a period of 139 years 1, Table A1.8).
(1880-2019), despite high variability (Fig. 1a). This contrasts with
broader trends of decreasing rainfall in observational rainfall Published evidence based for current for the Menindee Lakes
records in the basin since the 1950s (Dey et al. 2019, BOM 2020). project
Between pre-development and development periods, total weighted The proportion of peer-reviewed sources cited within the
cumulative rainfall, including all tributary rivers of the Barka/ Menindee Lakes business case did not reflect the number of
Darling River showed no significant monotonic trend (z > 1.53, p relevant publications in the public domain at the time of its
> 0.12; Fig. 1; Appendix 1, Table A1.1) aside from the Namoi and publication (Fig. 3). The evidence base for the Menindee Lakes
Gwydir tributaries (p < 0.01; Appendix 1, Table A1.1). In contrast, project used only 1 peer-reviewed document and 21 non peer-
average annual flows in the Barka/Darling River at Menindee Lakes reviewed documents (Fig. 3). The category of “management and
social issues” referenced no peer-reviewed information (Fig. 4).
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Fig. 2. Annual (1983–2019) abundance of total waterbirds and of each of the five functional response groups
from data collected during the Eastern Australian Waterbird Surveys at Menindee Lakes (Kingsford et al. 2020)
showing fitted linear trends (95% CI shaded), annual average percent decline, and total decline over the 37 years
(average 1983-1988 cf. 2014-2019).
Fig. 3. Available published evidence based in the principal Fig. 4. The two major issues from in person and online
decision-making document, the Menindee Lakes water savings interviews, government management (orange) and changes to
plan business case (NSW Department of Primary Industries water ecosystem services (green) among three stakeholder
2017; orange) for the proposed Menindee Lakes project, groups: local farmers, traditional owners, and local residents
compared to what was available at time of publication (green), with the four most prominent issues (issues with the highest %
showing proportions of peer reviewed (P) and non-peer reviewed coding within transcripts) for each theme identified for each
(O-other), grouped by the total and within five themes: ecology, stakeholder group (Appendix 1, Table A2.2).
hydrology, culture, management, and socioeconomic issues with
numbers of references listed.
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A large proportion of the relevant, uncited peer-reviewed Many interviewees and all survey respondents did not support
information in the public domain was from open-access academic the alternative water supply for Broken Hill provided by the
journals (41%). Many other relevant independent reports were pipeline (Table 1), believing that the Menindee Lakes had the
freely available. capacity to supply the town if its water supply had been properly
managed. One interviewee suggested that the pipeline may have
There were no data or associated modeling used to justify the 3
been developed to ensure water didn’t have to come down the
different estimated water savings (72, 106, 116 GL) for the 22
Darling River and could bypass the Menindee Lakes (Table 2).
structural and operational measures within the Menindee Lakes
Local resident interviewees discussed government management
business case or for the original estimate of 180 GL water saving
issues of trust and the consultation processes more than
estimates originally expected by the Australian Government. The
traditional owners and local farmers (χ2 = 5.01, p = 0.08;
latter figure was 250% higher than the lower estimate in the
Appendix 2, Table A2.1), albeit not statistically significant. This
business case (Table 1).
could indicate that trust and consultation may be more relevant
Furthermore, there was a range of relevant and available (mostly to local residents, or that traditional owners have lower
government funded and produced) reports on hydrology, ecology, expectations and therefore do not express their concerns.
and cultural issues that were not cited (Fig. 4). There was no
reference to Kinchega National Park occupying a substantial Changes to water ecosystem services
proportion of the Menindee Lakes (~28% wetland; NSW Interviewees had detailed local knowledge of the hydrology of
National Parks and Wildlife Service 1999; Fig. 1). There was no the Barka/Darling River and Menindee Lakes. Changes to flows
reference to the Barkandji native title claim, the effects on for Menindee Lakes and the Barka/Darling River were a primary
Indigenous water values, available relevant government reports, concern for interviewees (Fig. 4), with one farmer noting that the
and peer-reviewed literature pertaining to this claim. The length of cease to flow events for the Darling had increased and
Barkandji water rights and interests were not cited. stressed the declining upstream flows (Table 2). Connectivity of
the Barka/Darling River and managing the entire system was also
Stakeholders’ perspectives on the proposed Menindee Lakes considered a priority (Fig. 4) and one interviewee considered a 70
project GL water target at Menindee unacceptable for downstream water
We identified 2 emergent issues with the Menindee Lakes project needs (Table 2). Interviewees also consistently indicated that the
in our stakeholder in-person and online survey interviews (14 evidence and argument for achieving water savings, through
respondents): government management and changes to water reducing evaporative losses at Menindee Lakes was problematic,
ecosystem services. These two key issues emerged from our five with water accounting lacking in integrity (Table 2). Issues of
themes (hydrology, ecology, culture, socioeconomics, and connectivity and changes to flows were discussed more by local
government management; Appendix 2, Table A2.2), which were farmers than by the local residents or traditional owners (χ2 =
identified via thematic semantic coding (Goddard 2011) in 5.43, p = 0.07; Appendix 2, Table A2.1), albeit not statistically
transcripts and survey responses. The government management significant, indicating that connectivity and flows may be more
theme referred to issues that dealt with government engagement relevant to local farmers because they are often more immediately
with the community about the SDLAM project, decision making affected by reductions in flows.
for the Menindee Lakes, and the Lower Darling, more broadly.
Most interviewees mentioned ecological changes, ecosystem
The water ecosystem services theme referred to the implications
services, and changes to local fish populations, describing aspects
of this decision making for ecosystem services for local
of ecosystem collapse (Fig. 4.). All online survey respondents
communities.
indicated that they had noticed changes in the diversity and
Government management abundance of local fish. Many interviewees also noticed declines
Within the issue of government management, trust and and believed this was exacerbated by mass fish kill events, with
consultation processes were the major concerns (Fig. 4, Table 2). one traditional owner noting the condition of the Barka/Darling
Many stakeholders and all online survey respondents indicated as the worst they had seen in their lifetime (Table 2). Diseases in
their dissatisfaction with government consultation, expressing fish were also a common concern, especially for traditional owners
little confidence that their views were considered for decision who fish for food. Reductions in yabbies, mussels, flood dependent
making regarding the Menindee Lakes project. The consultation vegetation (e.g., river red gums), and birdlife (e.g., waterbirds)
process was often deemed tokenistic, rather than a process that were often mentioned by all groups of interviewees (Table 2). One
genuinely searched for community knowledge, with many farmer described being confronted by dead mussels and
describing it as a “box-ticking” exercise (Fig. 4, Table 2). Many emaciated kangaroos looking for water, as “post-apocalyptic”
interviewees concluded that the engagement process excluded (Table 2). These concerns extended to the loss of ecosystem
most of the community because stakeholder representatives were services to surrounding communities such as declining fish
selected by governments, and events were poorly advertized and populations for local anglers and loss of vegetation for bank
occurred at inconvenient times for most, often requiring the stabilization. Ecological decline was also linked to economic
community to make immediate judgments based on little decline, with Menindee being described as “just a shadow” of
information (Fig. 4). Interviewees expressed fatigue and what it once was (Table 2). Interviewees from the farmer group
frustration with government consultation processes, with several discussed ecological changes and changes to ecosystem services
stakeholder groups mentioning that they had walked away from more than local residents and traditional owners (χ2 = 9.01, p =
the process (Table 2). 0.01; Appendix 2, Table A2.1).
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Table 2. Interview quotes from stakeholders (local resident, traditional owner, and farmer) in relation to the Menindee Lakes project,
exemplifying views on the five major themes: government management, hydrology, ecology, culture, and socioeconomics.
Local farmers and local residents usually described changes to expressed frustration with the lack of recognition of Barkandji
ecosystem services, although traditional owners commented on native title owners in the “yes, no, factor” of the project (Table 2).
reduced availability to similar cultural services because of the Traditional owners’ sense of identity and spiritual relations with the
ecological decline in the lakes and river (Fig. 4, Table 2). For river and lakes were also affected by ecological degradation. One
example, one traditional owner described the removal of water traditional owner described the death of a fish as akin to the death
from the Barka/Darling and Menindee Lakes comparable to the of a community member or spirit (Table 2). Traditional owners
blood draining out of their body (Table 2). Education was also discussed the availability of cultural services more than local
affected, with another traditional owner describing how the lack residents and famers (χ2 = 41.23, p < 0.01; Appendix 2, Table A2.1).
of water stopped them from practicing their culture through
placed-based learning (Table 2). Community health, recreation, and local economic activity were
also affected by reductions in water quality and the loss of a secure
Through the business case process, the government did not
water supply. A local resident had noticed increased community
acknowledge or recognize water rights or management practices
anxiety and complaints about the safety of the water supply (Table
related to Barkandji knowledge. For example, a local resident
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2). All online survey respondents indicated that environmental include an environmental equivalence test, meaning water saved
changes had negatively impacted their communities. Reduction from a project such as the Menindee Lakes project must deliver
in local agriculture, the loss of the recreational use of the rivers a net environmental benefit overall (Mosley et al. 2010). The
and lakes for the community, and tourism were considered to have requirement echoes the original justification for a large-scale
lowered economic activity, population level, and employment. federal policy like the basin plan in which widespread
Interviewees from the local resident group discussed community environmental decline felt particularly hard in small basin
health, changes to recreation, and local economic activity more communities like Menindee. This large-scale governance
than local farmers and traditional owners (χ2 = 29.45, p < 0.01; imperative failed to address the local environmental costs and has
Appendix 2, Table A2.1). therefore struggled to be translated to an effective solution at the
local level. Interestingly, this mirrors the failings of other complex
DISCUSSSION governance arrangements in giving effect to large-scale
Our analysis of the proposal to achieve water savings at Menindee international agreements through the delivery of environmental
Lakes through the SDLAM identified significant shortcomings water for Ramsar wetlands in the MDB under the 2007 Water Act
in the adaptive governance of the project at local and basin-wide (Kirsch et al. 2021).
scales. These shortcomings led to a project with unclear and
poorly substantiated dividends in environmental water savings at Our study of environmental condition at the local scale (declining
the basin scale but with clear local environmental costs. There flows and waterbird abundances) showed that the Menindee
were also serious problems in the use of scientific evidence. Our Lakes ecosystem was in decline. We found that annual flows in
document analysis showed that the information basis for the the Barka/Darling River supplying Menindee Lakes have
project was predominantly non-peer-reviewed (Fig. 3), often in continued to decline over three development periods (Fig. 1b;
place of relevant government produced and funded reports, and Appendix 1, Table A1.6), further adding to increasing evidence
peer-reviewed information generated independently of government of long-term declining flows (Kingsford 1995, Thoms and
processes. Significant information in peer-reviewed research and Sheldon 2000, Leblanc et al. 2012, Australian Academy of Science
government reports, commissioned specifically for the prospect 2019, BOM 2020) and increasing drying of the river with more
of altering the lakes, was not included in the primary decision- cease to flow events (Australian Academy of Science 2019, BOM
making document. Importantly, details of how projected water 2020; Fig. 1c) driven primarily by water resource development in
savings would be achieved were not transparent or accessible to the Barka/Darling tributaries. Despite several periods of
the communities. prolonged drought, there was little evidence of any major changes
in annual rainfall patterns in the tributaries or the Barka/Darling
The consultation process was dysfunctional as our community River over a period of 139 years (1880-2019), despite high
interviews demonstrate. A primary problem in this process was a variability (Fig. 1a).
failure to acknowledge the evident, long-term ecological decline
of the Barka/Darling and Menindee Lakes, alongside the impacts The Menindee Lakes project’s focus on water savings failed to
of losing a secure water supply for Menindee. This unsurprisingly address the fundamental importance of the lakes as locally valued
resulted in the local community becoming disenfranchised with ecosystems, which naturally fill and dry (Kingsford et al. 2004,
government engagement. We propose that these problems Leigh et al. 2010, Bino et al. 2015) and sustain ecological processes
resulted from the project’s inability to achieve the intended and human livelihoods (Porter et al. 2007, Kingsford et al. 2010).
“adaptive and outcomes-based governance approach” (NSW Our analysis of ecological indicators of long-term decline, a factor
Department of Primary Industries 2017:96) to deliver a basin- in determining adaptive capacity (Folke et al. 2002, Allen and
scale environmental water dividend at significant local cost. First, Holling 2010), showed long-term declines to waterbird
we will discuss how insufficient consideration of the key issues of communities in Menindee Lakes (Fig. 2). This decline occurred
scale and ecological condition have comprised the effectiveness over more than three decades, driven by declining river flows (Fig.
of the project. Second, we will discuss the administrative 1c; Appendix 1, A1.6), indicative of the deterioration of overall
legitimacy of the project, which failed in terms of two important ecosystem health (Kingsford et al. 2004, Green and Elmberg
factors of adaptive governance (Esty 2006, Cosens and Williams 2014). Local communities reported similar declines (Appendix 2,
2012, O’Donnell et al. 2019), i.e., objective expertise as the basis Table A2.2), reflecting declines in fish-eating birds (Fig. 2). Local
for decisions, and the inclusion of public dialogue (and therefore fish communities were also in decline (Gehrke et al. 1995, Gilligan
local knowledges) in decision-making processes. 2005, Wallace et al. 2008), most seriously reflected in the mass
fish kills of millions of fish in 2018-2019, attributed to lack of
Scale and ecological condition flows in the Barka/Darling River (Australian Academy of Science
The Menindee SDLAM project is an example of a governance 2019). The decommissioning of Lakes Cawndilla and Menindee
scale mismatch, in which a locally scaled solution is used to under the Menindee Lakes project will further disrupt essential
achieve large-scale governance objectives (Cumming et al. 2006, ecological processes, given the importance of the lakes as a basin-
Guerrero et al. 2013). At the scale of the Murray-Darling Basin wide breeding source for golden perch, Macquaria ambigua,
plan, governments (NSW and Australian federal) considered the (Ebner et al. 2009, Stuart and Sharpe 2020).
Menindee Lakes project an opportunity to “save” water from
evaporation, which could then be “packaged” as environmental Our interviews revealed the community impacts from this
water for the entire basin, thus meeting the Australian ecological decline. Losses to local agriculture and recreational use
Government commitments to deliver on its target of 2750 GL of the lakes have depressed local economic activity, caused
year-1 of water being returned to the rivers of the MDB (Jackson population declines, and reduced employment opportunities,
and Head 2021). Additionally, policy and legislation for the basin especially in Menindee, which was described as “a shadow of what
Ecology and Society 28(1): 15
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it once was” (Table 2). The loss of a secure water supply has had The project did not deliver transparency or accountability in
negative impacts on the community’s cultural, physical, and decision making, an important step in enabling public
spiritual well-being, and traditional owners have lost access to participation (De Stefano et al. 2012) and legitimate governance
highly valued cultural resources. Local people are acutely aware (Huitema et al. 2009). Despite significant tax expenditure, there
of the impacts of long-term ecological decline on their was an absence of any peer-reviewed modeling available to the
communities, with an increasing realization that this is public in relation to the water savings estimated by governments.
fundamentally a consequence of government decision making Two reviews of the business case, gained through a parliamentary
(Australian Academy of Science 2019; Fig. 4). Decision making order for papers, identified the business case estimates were based
disempowered and frustrated many in the local communities. on modeling conducted by the MDBA in 2016, with little
Policy was considered to have disproportionately favored needs information on relative contribution of structural and
of upstream users (Grafton 2019), often at the expense of Lower operational contributions to water savings. Further, the water
Darling communities (South Australian Government 2019). On savings estimate did not incorporate the ongoing problem of
this basis, the options proposed for the Menindee Lakes project declining flows with upstream development (Kingsford 2000,
are predicted to have further major environmental and social costs Thoms and Sheldon 2000). This lack of transparency also
for the Menindee Lakes and local communities. extended to the accessibility of the primary decision-making
document. This was not accessible for public scrutiny, with the
Effectiveness business case (produced in 2017) being made available only after
The project, as conceived in the documents we relied on for this a freedom of information (FOI) request from the Australian
analysis, has received considerable community criticism and Senate in March 2018 (South Australian Government 2019).
progression was suspended by governments in late 2021. The
project is currently being rescoped. This project was an example Inclusion of public dialogue in decision-making processes
of ineffective environmental policy because it failed to address Adaptive governance requires meaningful public dialogue with a
long-term ecological decline and the social impacts of this decline, two-way flow of information between government agencies and
while also failing to achieve the project goal of delivering water communities, providing opportunities for knowledge exchange
savings that had net environmental benefits and positive outcomes and deliberation between the groups affected by decisions and
for communities. Scale played a key role in this failure with the decision makers. The experiences of the community members who
NSW government’s fixation on achieving a federal scale policy participated in this study indicated limited meaningful public
objective with an incorrectly scaled environmental offset for the dialogue for the Menindee Lakes project. Many in the local
use of the environment elsewhere in the basin. There is no evidence community commented on the lack of transparency in decision
that government water agencies drew upon ecological data that making and felt that they had not received enough relevant
would guarantee any satisfactory form of commensurability information or time to make informed contributions.
between the water solutions on offer or a “like for like” Government consultation processes were often deemed
substitution (Maron et al. 2016, May et al. 2017, South Australian “tokenistic” with key stakeholder groups withdrawing from
Government 2019). government engagement several times. The accessibility of
government consultation events was often limited to those invited
Considering the multijurisdictional nature of river systems and
as part of a consultation committee and not widely available for
the increasing global popularity of biodiversity offsets as policy
many in the community. Many observed that water savings
tools, understanding how large-scale governance and
unfairly targeted Menindee Lakes, given significant evaporative
environmental offsets in water impact the effectiveness and
losses from artificial private storages upstream (Webb McKeown
legitimacy of environmental policies will become an important
and Associates Pty Ltd 2007, Jackson and Head 2020). As with
issue for adaptive governance. This is particularly important for
many other systems in decline (Postel 1997), ecosystem services
future attempts to govern water across large spatial scales and
have compromised the functioning of the community. These
with the use of market mechanisms, such as water trading, for
impacts, combined with a dysfunctional community engagement
transboundary rivers (Zeitoun and Mirumachi 2008).
process and lack of transparency, eroded already wavering trust
Objective expertise in governments, an important component of community
Despite the availability of rigorous data (e.g., waterbirds, fish, participation (Reed 2008, De Stefano et al. 2012). This element
hydrology, and cultural data) and good understandings of trends of trust was particularly important, considering the significant
and requirements of key biota, there was little consideration in involvement of Indigenous stakeholders in government
the business case of these ecological aspects of the lakes. Further, engagement and the Barkandji native title claim (Jackson 2019).
there was no inclusion of information from the Ecological
Sustainable Development project implemented by the NSW water Despite promises of significant water savings, several serious
agency (Table 2), a large series of studies commissioned departures from an effective adaptive governance approach
specifically to provide information on the impacts of modifying profoundly affected the outcomes for this project, particularly in
the lakes at a substantial cost of $A2.5 million. A serious omission relation to the local community. Key to this were issues of
was the NSW Government’s obligation for conservation of administrative legitimacy, especially when attempting to create
Kinchega National Park (NSW National Parks and Wildlife reciprocal dialogue with the community. If government agencies
Service 1999), which must be managed for (inter alia) the transparently presented all the evidence and included options
conservation of biodiversity, natural landscapes, and cultural presented by the community, decision making would have been
features that provide opportunities for public appreciation. These considerably more inclusive. Objective expertise was not part of
conservation values would decline with the Menindee Lakes the decision-making process for the project because the long-term
project. ecological conditions of the Barka/Darling and Menindee Lakes
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recovery), used to test for differences in annual rainfall in the catchments of each tributary river system
(see Fig. 1) of the Darling River flowing to Menindee Lakes and their relative flow contributions1
Contribution to River Period 1 Period 2 Estimate SE z.ratio Pr(>|z|)
annual discharge
in the Darling (%)
Figure A1.1 Plotted linear regression model of Wilcannia annual flows and Menindee annual
flows (R² = 0.97) *p=<0.05
Figure A1.2 Residual-fitted, residual frequency, and normal quantile-quantile plots for log
transformed data used for linear regression model of Wilcannia and Menindee flows using 72 years
where data from both locations were recorded.
Residuals vs Fitted
Histogram of wil_men_regression$residuals
2
4
0.5
25
20
0.0
Residuals
15
Frequency
−0.5
10
5
−1.0
6 7 8 9 10
0
Fitted values
lm(Menindee ~ Wilcannia) −1.0 −0.5 0.0 0.5
wil_men_regression$residuals
Normal Q−Q
2
4
2
Standardized residuals
0
−2
−4
−2 −1 0 1 2
Theoretical Quantiles
lm(Menindee ~ Wilcannia)
Figure A1.3 – a) Location of the Darling River Basin (grey), within the Murray-Darling Basin,
Australia, showing Menindee Lakes (ML) and the seven tributaries of the Darling River (DR); Paroo
River (PR), Warrego River (WR), Condamine/Balonne River (C-BR), Border Rivers (B-R), Gwydir
River (GR), Namoi River (NR), Macquarie-Bogan-Castlereagh River (M-B-CR). b) Locations of the
main seven Menindee Lakes; Lake Balaka (LB), Lake Bijijie (LBi), Lake Tandure (LT), Lake
Pamamaroo (LP), Lake Menindee (LM), Lake Cawndilla (LC), Lake Tandou (LT), within the Darling
River floodplain, showing the weir pool, Lake Wetherell with installed flow regulators (open red
circles) and the proposed regulator on the Morton-Boulka channel (filled red circle), channels (solid
red line), Kinchega National Park (green), the aerial waterbird survey band (hatched) and Menindee
town and flow gauges at Menindee and Wilcannia on the Darling River
Table A1.4 Daily flow thresholds and their relevant flow rates and ecological rationales (NSW
Government 2018) used for analysis long-term changes to flows in the Darling River at Menindee
Lakes.
Table A1.6 Summary of outputs from pairwise comparison of coefficients (from ANOVA) used to
test for difference in annual flows of Menindee Lakes, through three stages of water resources
development; 1890-1959 (pre-development), 1959-2008 (increasing development), 2009-2020
(water recovery).
*p=0.05
Table A1.7 Summary of conditional average outputs from linear models of total waterbird and
functional group counts (from East Australian Waterbird Survey data; Kingsford et al. 2020), flows
at Menindee Flows (Flows) and time (Year).
*p=0.05
Table A1.8 Mean counts, total percent decline, and annual percent decline of total waterbirds and
functional groups between two development periods in the Darling upstream of Menindee;
increasing development (1983-1988) and water recovery (2014-2019).
Table A2.1 Chi-squared goodness of fit tests for given probabilities between themes
discussed by interviewees. Sample sizes were sufficiently large for χ2 statistic to be
compared. Observations were classified independently.
Table A2.2 List of themes and issues, with code definitions and percents within transcripts.
Water Have you noticed any environmental change A great deal (5)
Ecosystem to the Darling River and the Menindee lakes A lot (5)
Services while living in Menindee/Broken Hill?
How would you respond to the statement: Strongly agree (15)
“Changes to the management of Menindee Agree (2)
Lakes has degraded the environment” Strongly disagree (1)
How would you respond to the statement: Strongly disagree (17)
"Changes to the management of Menindee Disagree (1)
Lakes have benefitted my community"
How would you respond to the statement: Strongly agree (17)
"Management changes to Menindee Lakes Strongly disagree (1)
are likely to impact my community in the
future"
How important are native fish to you and Extremely important (18)
your community?
Have you noticed any changes in the Strongly agree (13)
numbers and types of native fish in your Agree (5)
area?
How important are waterbirds to your Extremely important (17)
community? Moderately important (1)
Have you noticed any changes in the Strongly agree (11)
numbers and types of waterbirds in your Agree (6)
area? Somewhat agree (1)
Government The government has future plans for Yes (11)
Management Menindee Lakes. Do you know about these No (7)
proposed changes to the Lakes?
(If Yes) Do you agree with these proposed Strongly disagree (6)
changes? Somewhat disagree (1)
Menindee Lakes rely upon flows from the Strongly disagree (13)
Darling River, do you agree with changes Somewhat agree (1)
that have been made to the river in the past?
Broken Hill once relied upon Menindee Strongly disagree (10)
Lakes for its main water supply. Do you Disagree (1)
agree with the solution of a pipeline from the Somewhat disagree (1)
River Murray to supply water for Broken Hill Strongly agree (4)
instead? Somewhat disagree (2)
How would you respond to the statement: Strongly disagree (16)
"My community has been sufficiently Disagree (2)
consulted about changes to the Darling River
and Menindee Lakes in the past"
How would you respond to the statement: Strongly disagree (13)
"The Government has provided sufficient Somewhat disagree (3)
information about changes to Menindee Disagree (2)
Lakes"
How would you respond to the statement: Strongly disagree (13)
"there was significant information provided Disagree (3)
before comments from the community on Somewhat disagree (1)
these changes were sought out" Strongly agree (1)