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A History of Water Rights at Common Law
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.
Water Law
This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.
Land and Water--the Rights Interface
This paper seeks to answer a number of basic questions. First of all just what are land tenure rights and water rights? Second, how do the respective regimes compare? Third what linkages, if any, are there between land tenure rights and water rights and, if there are none, does this matter, either in general or as regards specific aspects of the interface? A key objective of the paper is to examine which aspects of the rights interface merit further research. In comparing the two regimes a final subsidiary objective of this paper is to try and identify which areas, if any, in one sector can shed light on areas for future research in the other.
Indigenous Water Rights in Law and Regulation
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
The Law of Waters and Water Rights
Originally published: Rochester: The Lawyers Cooperative Publishing Company, 1904. clxxx, 896; xvi, 897-1893; xiv, 1894-2956 pp. Reprint of the sole edition. Important treatise on water rights that examines rights based on relationships from the international to the community level as they affect water rights. This book has three parts: Part One: The Rights of States and Nations examines international rights and constitutional and statutory rights. Part Two: Rights Between Public and Individual, includes the public use of waterways, municipal water supply, drainage and rights of navigation. Part Three: Rights Between Individuals discusses the rights of riparian owners in watercourses, such as the right to dam a stream.
Transferable Groundwater Rights
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 aspec...
Modern Water Rights
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.
Advanced Introduction to International Water Law
This Advanced Introduction to International Water Law provides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources.
Out of the Mainstream
"Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American comm...
