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.
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.
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 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.”
A multidisciplinary text, considering both general issues and principles of water law and administration at national and international level, dealing with current legal and institutional aspects of water resources management. New information has been added in this latest edition, including the situation in countries previously a part of the former Soviet Union. Added emphasis is given to areas of growing topical importance, such as stakeholders' influence on decisions, the need to maintain a minimum flow in water bodies and the necessity for legislation in support of water resource monitoring. There is new material on the European Union Water Framework Directive which is referenced heavily in the work. The book is aimed at those who carry out functions in water resources administration and those who deal with legal issues raised by water management. The book will be particularly useful to academics and graduate students of law, engineering, hydrology, hydrogeology, sanitary engineering and planners, as well as national and international water resources managers.
This monograph comprehensively examines water law regulations and reform in the present decade, going beyond a simple analysis of existing water law and regulations to encompass environmental, social, economic, and human rights aspects of water as a natural resource. Using the specific case of India and on the related international law and policy framework that directly influences water regulatory developments in India, this book offers what will be the first and only analysis of water law reforms taking place at the national level in many developing countries in their domestic and international context. On the one hand, international freshwater law remains under-developed and existing legal instruments such as the 1997 UN Convention only address a limited set of relevant issues. Yet, the international law and policy framework concerning freshwater is increasingly important in shaping up law reforms taking place at the national level, in particular in developing countries. Indeed, non-binding resolutions such as the Dublin Statement on Water and Sustainable Development (1992) have had an immense influence on water law reforms in most developing countries. This book seeks to conceive of and analyse freshwater regulation in a broader context, and go beyond a literature that either lauds or criticises ongoing water sector reforms to provide an analytical basis for the reforms which all countries will have to adopt in the near or medium-term future.
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.
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.
The revised edition of this popular book offers a comprehensive survey of all aspects of water resources planning and management.
The principle of transferable groundwater rights is that by making water rights capable of being traded in the market, water resources can be used more sustainably and efficiently. Groundwater would achieve its economic value, by switching from the high volume-low value irrigation, which is prevalent with many farmers, particularly in South Asia, to low volume-high value urban supply or the growing of intensive horticultural or cash crops. This book discusses transferable groundwater rights in their broader context. It starts with a detailed description of the physical aspects of groundwater, which non-technical readers should find useful, followed by a discussion of legal and economic aspects. Water transfers and the international experiences in transferable groundwater rights are dealt with in detail in two subsequent chapters. A model is presented to guide those involved in water resources management and planning in their decision process to introduce transferable groundwater rights and water rights trading. The author concludes that transferable groundwater rights potentially offer a better alternative to land-based water rights systems. However, he casts serious doubt on whether groundwater rights trading on its own can achieve water resources sustainability, environmental protection and social equity. Government intervention seems to be almost always needed to assist the water rights market and take responsibility for any of its adverse consequences.
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.
For rural livelihoods and for the pursuit of a wide range of development objectives, water and land are obviously closely related resources. Yet, despite the existence of huge literatures on both land tenure and water rights, a comparative analysis of these two subjects is underdeveloped, and the linkages are poorly understood. This publication explores various aspects of the interface between water rights and land tenure. It is intended to synthesize and assess current learning on this topic, to define salient issues and to propose fruitful approaches for further investigation.
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.
The settlement of Indian water rights cases remains one of the thorniest legal issues in this country, particularly in the West. In a previous book, Negotiating Tribal Water Rights, Colby, Thorson, and Britton presented a general overview of the processes involved in settling such cases; this volume provides more in-depth treatment of the many complex issues that arise in negotiating and implementing Indian water rights settlements. Tribal Water Rights brings together practicing attorneys and leading scholars in the fields of law, economics, public policy, and conflict resolution to examine issues that continue to confront the settlement of tribal claims. With coverage ranging from the differences between surface water and groundwater disputes to the distinctive nature of Pueblo claims, and from allotment-related problems to the effects of the Endangered Species Act on water conflicts, the book presents the legal aspects of tribal water rights and negotiations along with historical perspectives on their evolution.
Chinese water resource managers face a challenge that is both immense and unique. They must balance limited water supplies against the needs of the world’s largest population; demands for rapid economic growth with calls for improved environmental management; and the desire for a market-based approach to the allocation of water with a history of State ownership and strict government control of all resources. In China, changes are occurring in water resources management that are representative of many of the fundamental changes occurring within Chinese society, on issues such as property rights, community participation, improved environmental management, and the shift towards market-based decision making. This book describes the development of a water rights system in the People’s Republic of China. It covers different aspects of water resources management in China – including water planning, the provision of environmental flows, urban water management, and irrigation district management – and examines how these are being addressed through a rights-based approach. The book includes several detailed examples of the Chinese application of water rights as they address the diverse challenges of different basins across China. This book previously appeared as a special issue of the International Journal of Water Resources Development.
Intensive use of groundwater has resolved the demand for drinking water and, through irrigation, has contributed to the eradication of malnourishment in many developing countries. The spectacular worldwide increase in groundwater use in the last decades, especially in arid and semi-arid regions, has been a silent revolution carried out by millions of small farmers. In some instances, groundwater abstraction has caused problems of quality degradation, excessive drawdown of groundwater levels, land subsidence, reduction of spring and baseflows or degradation of groundwater-dependent ecosystems. Most of these problems could be anticipated, mitigated, or even avoided with more active water agencies, adequate regulations and users’ participation in management. Groundwater Intensive Use contains a selection of papers presented at a symposium held in December 2002 in Valencia, Spain. It constitutes a step forward in creating a greater worldwide awareness of the relevance of groundwater in water resources policy. The book presents new ideas and accounts of recent advances in technical, economic, legal, administrative and political issues. It addresses groundwater development to ecosystems sustainability, through different or complementary approaches. A wide series of case studies from North and South America, Europe, South Asia and North and Sub-Saharan Africa cover the various issues. These case studies represent countries with a wide diversity of social circumstances, from areas in which development is emerging, to communities with a long history of successful groundwater use.
The new edition of Brown's Boundary Control and Legal Principles has been updated to reflect ongoing changes in surveying technology and surveying law, notably by adding water boundary expert George Cole as a contributor to revamp information on Riparian and Littorial Boundaries. Additionally, a new appendix has been introduced containing a comprehensive list of surveying books that have been referenced in court cases and legal decisions as persuasive authority over the years. It is indispensable reading for students and practicioners studying for the Fundamentals of Land Surveying licensure exam.
Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future. This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.