Modern Water Law provides a comprehensive text to study the range of legal issues and doctrines that affect water resources. This is a national book that uses many recent cases, bringing a fresh perspective to the field. The authors begin with private water use rights, including common law doctrines for riparian reasonable use and prior appropriation, as well as groundwater rights and the statutory schemes for administering water use rights. The book explores the range of public rights in water, including navigation, the public trust doctrine, federal reserved rights, and interstate water management. The book also introduces modern challenges and environmental protection goals, focusing on the energy-water nexus, water pollution, and endangered species conflicts. The final chapters combine these concepts in the context of complex watershed restoration challenges and water rights takings litigation.
Modern Water Law provides a comprehensive text to study the range of legal issues and doctrines that affect water resources. This is a national book that uses many recent cases, bringing a fresh perspective to the field. The authors begin with private water use rights, including common law doctrines for riparian reasonable use and prior appropriation, as well as groundwater rights and the statutory schemes for administering water use rights. The book next explores the range of public rights in water, including navigation, the public trust doctrine, federal reserved rights for tribal and public lands, and interstate water management. The book then explores modern challenges and environmental protection goals, focusing on the energy-water nexus, water pollution, and endangered species conflicts. The final chapters combine these concepts in the context of complex watershed restoration challenges and water rights takings litigation. The second edition begins with entirely new coverage of the human right to water, including a 2017 federal case regarding constitutional rights in the wake of the Flint, Michigan water crisis. Other major changes and developments include new cases on water use permitting, "takings" of private water rights, tribal rights to groundwater, interstate water disputes, and U.S.-Mexico water diplomacy. The second edition continues the logical organization that presents the field in appropriate depth for a semester course, with clear explanations and helpful questions and comments.
The vital importance of water to human activity is such that most societies and cultures have sought to establish legal rules over its use and allocation. In most jurisdictions legal rights to water have been linked to land tenure and ownership rights. A number of countries have recently undertaken substantive water law reforms, usually involving the introduction of formal and explicit water rights that clearly specify the volume of water that is subject to each right ("modern water rights"), together with institutional arrangements for their allocation, registration, monitoring and enforcement. Modern water rights are not intrinsically tied to specific land plots, are often transferable and available to be traded on a temporary or permament basis. This book reviews international experiences of the introduction and use of modern water rights. It is based on a survey of relevant primary and secondary legislation, published literature, internet sources and practical experience.
This volume describes how the courts created rights for land owners and users competing to appropriate water for factories, town supply, drainage, and transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new light on the growth of the economy and the social and legal dimensions of technological innovation.Readership: Academics and post-graduate/advanced students in law and legal history. It will also have a readership in economic and social history and also the history of technology.
Intended for a general audience, Water Law: Concepts & Insights provides both a general overview of basic water law doctrines and an exploration of how water law-the law and policies governing allocation of water-fit into broader ecological and environmental law issues. The book provides an overview of important hydrological principles before discussing the two state-law systems governing use of surface water in the United States and the five doctrines governing use of groundwater. It then explores the federal government's interests in the fresh waters of the United States, ranging from protection of navigability to federal water projects to federal water rights. Putting the law governing water use into a broader context, Water Law: Concepts & Insights then explores the intersections of state water law with energy policy and production, water quality protections, endangered species protections, and broader watershed management. It ends by returning to the concept of water rights as protected private property rights and the complexities of constitutional "takings" litigation when environmental protections interfere with those rights.
The Spanish element in Texas water law is a matter of utmost importance to many landholders whose livelihood is dependent on securing water for irrigation and to many communities particularly concerned about water supply. Titles to some 280,000 acres of Texas land originated in grants made by the Crown of Spain or by the Republic of Mexico. For these lands, the prevailing law, even today, is the Hispanic American civil law. Thus the question of determining just what water rights were granted by the Spanish Crown in disposing of lands in Texas is more than a matter of historical interest. It is a subject of great practical importance. Spanish law enters directly into the question of these lands, but its influence is by no means confined to them. Texas water law in general traces its roots primarily to the Spanish law, not to the English common law doctrine of riparian rights or to the Western doctrine of prior appropriation (both of which were, however, eventually incorporated in Texas law). A clear understanding of this background might have saved the state much of the current confusion and chaos regarding its water law. Dobkins’s book offers an intensive and unusually readable study of the subject. The author has traced water law from its origin in the ancient world to the mid-twentieth century, interpreting the effect of water on the counties concerned, setting forth in detail the development of water law in Spain, and explaining its subsequent adoption in Texas. Copious notes and a complete bibliography make the work especially valuable. The idea for this book came in the midst of the great seven-year drought in Texas, from 1950 to 1957. The author gave two reasons for her study: “One was my belief that the water problems, crucial to all Texas, can be solved only when Texans become conscious of their imperative needs and only if they become informed and aroused enough to act. “The second reason came from a realization that water—common, universal, and ordinary as it is—had been overlooked by the historian. It is high time that this oversight be corrected. In American history the significance of land, especially in terms of the frontier, has been spelled out in large letters. The importance of water has been recognized by few.”
The world is currently experiencing unprecedented global change, with population increase, urbanisation, climate change and environmental degradation combining to make management of freshwater resources a critical policy focus of the twenty-first century. This timely book designs and develops an original, analytical framework for water law reform processes, using case studies across four jurisdictions. Addressing the four principal areas of water law - integrated water resource management (IWRM) and river basin planning, water rights and allocation, water pollution and quality, and water services - this book provides a comprehensive study of water law, within the context of global and regional policy agendas. Case studies from England, Scotland, South Africa and Queensland, Australia, are presented, providing comparators from both common law and mixed jurisdictions, from the northern and southern hemispheres, and from developed and developing countries. A legislative framework is proposed for water law reform processes, and the consequences of different reform options are considered and investigated. A valuable resource for academics and graduate students in environmental law, resource management, hydrology and social science, this book is also highly relevant to policymakers, NGOs and legal practitioners.
The lack of sufficient access to clean water is a common problem faced by communities, efforts to alleviate poverty and gender inequality and improve economic growth in developing countries. While reforms have been implemented to manage water resources, these have taken little notice of how people use and manage their water and have had limited effect at the ground level. On the other hand, regulations developed within communities are livelihood-oriented and provide incentives for collective action but they can also be hierarchal, enforcing power and gender inequalities. This book shows how bringing together the strengths of community-based laws rooted in user participation and the formalized legal systems of the public sector, water management regimes will be more able to reach their goals.
This work reassesses the doctrine, and status, of historic waters in the law of the sea, particularly in the light of recent developments, such as in" Alaska v. US" (2005), which case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law on the topic, including matters such as burden of proof.
Laws relating to water in India have diverse origins, including ancient local customs and the British Common Law. The in-depth chapters in this compendium, written by luminaries from various fields, pertain to issues on water and proceed to a discussion of the legal questions that arise. This volume thus straddles two domains, viz., (i) water-resource policy, management, conservation, conflict-resolution, etc., and (ii) water law. The book also briefly raises and explores the case for a constitutional declaration on water and an overarching national water law. The book is an invaluable resource for policy-makers, planners and administrators concerned with water at the Central, State and local levels; students, academics and practitioners in the domains of water as well as law; and social scientists, NGOs and activists concerned with the various issues discussed in the book. It should be useful as a main or supplementary textbook in universities and research or management institutions where any aspect of water (engineering, ecological, legal, social, economic, management or other) is a subject of study.
This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law.
The litany of alarming observations about water use and misuse is now familiar—over a billion people without access to safe drinking water; almost every major river dammed and diverted; increasing conflicts over the delivery of water in urban areas; continuing threats to water quality from agricultural inputs and industrial wastes; and the increasing variability of climate, including threats of severe droughts and flooding across locales and regions. These issues present tremendous challenges for water governance. This book focuses on three major concepts and approaches that have gained currency in policy and governance circles, both globally and regionally—scarcity and crisis, marketization and privatization, and participation. It provides a historical and contextual overview of each of these ideas as they have emerged in global and regional policy and governance circles and pairs these with in-depth case studies that examine manifestations and contestations of water governance internationally. The book interrogates ideas of water crisis and scarcity in the context of bio-physical, political, social and environmental landscapes to better understand how ideas and practices linked to scarcity and crisis take hold, and become entrenched in policy and practice. The book also investigates ideas of marketization and privatization, increasingly prominent features of water governance throughout the global South, with particular attention to the varied implementation and effects of these governance practices. The final section of the volume analyzes participatory water governance, querying the disconnects between global discourses and local realities, particularly as they intersect with the other themes of interest to the volume. Promoting a view of changing water governance that links across these themes and in relation to contemporary realities, the book is invaluable for students, researchers, advocates, and policy makers interested in water governance challenges facing the developing world.
Water is not only used in the domestic context, but also in agriculture and industry in the production of commercial goods, from food to paper. The water footprint is an indicator of freshwater use that looks at both direct and indirect use of water by a consumer or producer. The water footprint of an individual, community or business is defined as the total volume of freshwater that is used to produce the goods and services consumed by the individual or community or produced by the business. This book shows how the water footprint concept can be used to quantify and map the water use behind consumption and how it can guide reduction of water use to a sustainable level. With a number of case studies, it illustrates water use along supply chains and that water consumption at one place is often linked to water use at another. For example, it is calculated that it takes 15,000 litres of water to produce 1 kg of beef, or 8,000 litres of water to produce a pair of jeans. The book shows that imports of water-intensive products can highly benefit water-scarce countries, but also that this creates a dependency on foreign water resources. The book demonstrates how water-scarce regions sometimes, nevertheless, use lots of water for making export products. It raises the issue of sustainable consumption: how can consumers, businesses and governments get involved in reducing the water footprints of final consumer goods?
"The definitive work on the West's water crisis." --Newsweek The story of the American West is the story of a relentless quest for a precious resource: water. It is a tale of rivers diverted and dammed, of political corruption and intrigue, of billion-dollar battles over water rights, of ecological and economic disaster. In his landmark book, Cadillac Desert, Marc Reisner writes of the earliest settlers, lured by the promise of paradise, and of the ruthless tactics employed by Los Angeles politicians and business interests to ensure the city's growth. He documents the bitter rivalry between two government giants, the Bureau of Reclamation and the U.S. Army Corps of Engineers, in the competition to transform the West. Based on more than a decade of research, Cadillac Desert is a stunning expose and a dramatic, intriguing history of the creation of an Eden--an Eden that may only be a mirage. From the Trade Paperback edition.
The revised edition of this popular book offers a comprehensive survey of all aspects of water resources planning and management.
Though the modern Spanish State was formed in the mid Fifteenth Century, historical records show that water works, statues, and the utilization of water dates back to centuries BC. As a semi-arid country, the effort to control, store and assure water supplies to cities and fields is present in numerous historical and political landmarks. Water policy in Spain has been the focus of Spanish-speaking scholars for decades, yet a comprehensive treatment of the subject has never before been published in English. Water Policy in Spain fills this gap by providing readers with a comprehensive, detailed account of the history of water policy in Spain from the beginnings of the 20th century to the present day. Part one presents a synopsis of the physical, economic, environmental and climatic bases of Spain, also covering corresponding political topics. Part two reviews the major constraints and opportunities that are relevant to face major water policy challenges. And part three is an in-depth account of water policy in the country. The issues closely examined include the way in which old water laws and institutions have been able to adapt to new sentimental and institutional challenges, including the significant change in the last decade to comply with the European Union’s Water Framework Directive (WFD). Like many semi-arid countries, climate change, drought risks and water pollution are cause for growing concerns in Spain and the country is still struggling to define a consistent and widely accepted set of policies to combat these threats. Spain’s current water policy is unique because it entails a complete tour de force with respect to what the country has been doing on water matters for centuries. As the WFD must be enforced in 27 States (representing 500 million Europeans), the lessons that can be learnt from the Spanish experience should catch the attention of water practitioners around the world.
This book argues that many of the basic concepts that we use to describe and analyze our governmental system are out of date. Developed in large part during the Middle Ages, they fail to confront the administrative character of modern government. These concepts, which include power, discretion, democracy, legitimacy, law, rights, and property, bear the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, about governance. As a result, they fail to provide us with the tools we need to understand, critique, and improve the government we actually possess. Beyond Camelot explains the causes and character of this failure, and then proposes a new conceptual framework, drawn from management science and engineering, which describes our administrative government more accurately, and identifies its weaknesses instead of merely bemoaning its modernity. This book's proposed framework envisions government as a network of connected units that are authorized by superior units and that supervise subordinate ones. Instead of using inherited, emotion-laden concepts like democracy and legitimacy to describe the relationship between these units and private citizens, it directs attention to the particular interactions between these units and the citizenry, and to the mechanisms by which government obtains its citizens' compliance. Instead of speaking about law and legal rights, it proposes that we address the way that the modern state formulates policy and secures its implementation. Instead of perpetuating outdated ideas that we no longer really believe about the sanctity of private property, it suggests that we focus on the way that resources are allocated in order to establish markets as our means of regulation. Highly readable, Beyond Camelot offers an insightful and provocative discussion of how we must transform our understanding of government to keep pace with the transformation that government itself has undergone.
Water covers about three-fourths of the earth's surface. Still, over one billion people do not have access to clean drinking water—a problem that many governments across the globe seem unable to redress. International Law, Sustainable Development and Water Management explores the political issues inherent in global water management, analysing water as a social, economic, and ecological good, and then applying the principles of international law to resource development policies. Antoinette Hildering's proposed framework for change, "Guardianship Over Water," offers policymakers practical guidelines for water management at a local, national, and international level.