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Greetings from the Biesbosch: The Dutch Try Something New (For Them)

By Scott L. Shapiro on September 24, 2026
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Greetings from the Biesbosch

I’m writing this from the Netherlands. Today I spent the day at the Noordwaard, a former farming polder (or protected basin) on the edge of De Biesbosch National Park.  I traveled here with NAFSMA (the National Association of Flood and Stormwater Management Agencies) as part of a mission to learn about flood control in other countries, and to see what lessons I might be able to bring back. I came expecting to see something new that I had never seen before. Instead, I found something I’ve been driving over on I-80 between Davis and West Sacramento in the Sacramento region for all of my career.

How the Dutch got here

The Dutch have spent roughly a thousand years building dikes (levees) higher and stronger. That approach nearly failed them in the 1990s. Two near-floods came back to back, in 1993 and again in 1995. In 1995, the Rhine, Waal, and Meuse Rivers rose to record levels and about 250,000 people and a million head of livestock were evacuated. No dike broke or was overtopped. Everyone was very lucky.  But the country got the message anyway: raising dikes forever was not a winning strategy.

Their answer was Ruimte voor de Rivier, or Room for the River. It was a €2.3 billion national program of more than 30 projects, finished around 2015, all built on one idea: Instead of squeezing a rising river between ever-taller walls, you give it somewhere to go.

The Noordwaard was the largest and most complex of those projects. It covers about 4,450 hectares, roughly 11,000 acres, of reclaimed farmland. The levee on its south side was removed, so tidal water now moves in and out through restored creeks. The levee on the north side was built so that the Nieuwe Merwede spills into the polder once the river reaches about two meters above Dutch datum. In order to make room for the rivers, roughly 50 households were relocated. The homes that remain sit on new mounds (the Dutch call them terps) or inside small ring dikes. Some 700 hectares of farmland remain, clustered and ringed off, and much of the rest is grazed.

The payoff is a lowering of about 30 centimeters, roughly one foot, off the design high-water level upstream at Gorinchem. In a country where millions of people live below the water line, that foot is enormous.

Does this sound familiar?

It should, to anyone who works in the Sacramento Valley. Standing at the project today in the Netherlands, many of us observed we could be looking at the Yolo Bypass.

The Yolo Bypass covers 59,000 acres, is about 40 miles long and up to three miles wide. At its head is the Fremont Weir, a 1.8-mile concrete lip built in 1924. It overtops on its own whenever the Sacramento River gets high enough, with no operator and no gates. In a big event the bypass carries up to 80 percent of the valley’s flood flows, around five times what the river channel can normally hold (in fact, the design flows of the two systems that the projects are part of are scarily similar). When it’s dry, most of the bypass is working farmland (much like in the Netherlands). When it’s wet, it’s an inland sea, and the fisheries biologists will tell you it’s some of the best juvenile salmon habitat in the system.

Put the two projects side by side and the design logic is nearly identical:

  • a passive overflow structure that lets the river decide when it’s time;
  • a working agricultural landscape that accepts periodic flooding;
  • habitat as a meaningful co-benefit; and
  • a stage reduction that protects the cities, Gorinchem and Dordrecht in the Netherlands, and Sacramento and West Sacramento in California.

The differences are telling too. The Dutch reached Room for the River after a millennium of dike-building and some very close calls. California reached it in 1911, after repeated levee failures convinced the State that confining the Sacramento wasn’t working. In other words, California was doing “room for the river” nearly a century before it had a name following multiple disasters. And the Noordwaard took longer, but no disasters were required. 

The universal part

What struck me most wasn’t the engineering, which is excellent. It was that every flood system in the world, however well designed, is ultimately a decision about whose land gets wet so that someone else’s doesn’t.

Regular readers know I’ve spent a lot of time lately on Ideker Farms and induced flooding. When government decides where the water goes, it is also deciding who bears the burden, and courts will eventually ask whether that burden is the kind of burden that must be paid for. The Dutch took on that question up front. Rijkswaterstaat (kind of the Dutch Army Corps of Engineers) kept a representative in the Noordwaard for more than a decade. Relocations and buyouts were worked out at literal kitchen tables. The people who stayed got terps and ring dikes. The cost of making room was treated as part of the project, as it should be, and not a liability to litigate afterward.

That doesn’t translate one-for-one to our system of federal, state, and local partners, flowage rights, and inverse condemnation doctrine. But the underlying lesson travels well. The physics of a river doesn’t care what country it’s in, and neither does the question of ensuring societal fairness to the landowner in its path.

Different language. Same river. Same societal questions.

Photo of Scott L. Shapiro Scott L. Shapiro

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the…

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE) throughout the Western United States.

With a special focus on massive flood protection improvement projects, Scott advises clients through regulatory, contractual, financing, and legislative challenges. Acting as general or special counsel, he regularly interacts with senior management at USACE (Headquarters, South Pacific Division, and Sacramento District), the California Department of Water Resources, and the Central Valley Flood Protection Board. He was named to the National Section 408 Task Force and has been invited to give testimony to the National Academies. Scott was instrumental in helping the first regional flood improvement agency that took a basin threatened by flood risk from less than 30-year level of protection to a level of protection approaching 200-year.

Having worked with FEMA on issues of floodplain mapping and levee accreditation for many years, Scott has developed collaborative environments in which he fosters win-win solutions for his clients. He is also currently serving as the lead counsel on a flood insurance rate map (FIRM) appeal and has drafted Federal legislation to modify the National Flood Insurance Program (NFIP) several times.

Scott is known throughout the region for his extensive litigation experience focusing on cases arising from levee failures. He has litigated levee failures resulting from underseepage, failed encroachments, and rodent burrows as well as briefing levee overtopping cases at the appellate level. Scott is one of the few attorneys with experience litigating flood cases on behalf of plaintiffs as well as defendant government entities.

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  • Posted in:
    Environmental and Climate
  • Blog:
    The Levee Was Dry
  • Organization:
    Downey Brand LLP
  • Article: View Original Source

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