Water Rights Reform: Lessons for Institutional Design

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Bryan Randolph Bruns, Claudia Ringler, Ruth Suseela Meinzen-Dick
Intl Food Policy Res Inst, Jan 1, 2005 - Law - 336 pages
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"Rights to water are increasingly crucial and increasingly contested across theglobe. Urbanization, industrialization, environmental degradation, agriculturalintensification, rising per capita water use, increasing population, andother social, political, and economic transformations contribute to growing scarcity and demand for better management of water resources. In responding to these challenges, the world can draw on a rich heritage of institutions for regulating rights to water and resolving disputes, and a diversity of institutional arrangements that demonstrate great ingenuity in designing solutions to fit the conditions and priorities of various river basins. However, policy discussion in water management has often been impoverished by narrow polarization around a few idealized models of centrally integrated management or water commoditization, even though these comprise only a small and very incomplete subset of the institutional options available for effective management. The authors in this book expand the range of reflection and analysis of water rights reforms, offering insights aimed especially at those seeking practical pathways to improve equity, efficiency, and sustainability in access to water."
 

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Page 173 - Court has long held that when the Federal Government withdraws its land from the public domain and reserves it for a federal purpose, the Government, by implication, reserves appurtenant water then unappropriated to the extent needed to accomplish the purpose of the reservation.
Page 257 - ... Covenant rights. For instance, water is necessary to produce food (right to adequate food) and ensure environmental hygiene (right to health). Water is essential for securing livelihoods (right to gain a living by work) and enjoying certain cultural practices (right to take part in cultural life). Nevertheless, priority in the allocation of water must be given to the right to water for personal and domestic uses.
Page 164 - ... transport and accommodation. The following issues were of main concern to this sector. • The provisions for financial support were the major concern of the black farming sector as voiced by NAFU, which represented the most sophisticated farmers from the small-scale or emerging farmer sector. The wording of the National Water Act places a duty on the Minister to consider the effects of past racial and gender discrimination in the allocation of financial assistance (National Water Act, section...
Page 173 - This Court has long held that when the Federal Government withdraws its land from the public domain and reserves it for a federal purpose, the Government, by implication, reserves appurtenant water then unappropriated to the extent needed to accomplish the purpose of the reservation. In so doing the United States acquires a reserved right in unappropriated water which vests on the date of the reservation and is superior to the rights of future appropriators.
Page 212 - B. Doornbos. 2001. The battlefield of water rights: Rule making amidst conflicting normative frameworks in the Ecuadorian highlands.
Page 150 - Murray-Darling Basin Ministerial Council. 1995. An Audit of Water Use in the Murray-Darling Basin.
Page 34 - DOE's operations into compliance with environmental laws such as the Clean Air Act and the Clean Water Act. The...
Page 212 - Local rights and legal recognition: The struggle for indigenous water rights and the cultural politics of participation.
Page 181 - Minute 242 and beyond: challenges and opportunities for managing transboundary groundwater on the Mexico-US Border", Natural Resources Journal, vol.
Page 260 - International Covenant on Economic, Social and Cultural Rights Committee on Economic, Social and Cultural Rights...

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