Water Resources Allocation and Agriculture: Transitioning from Open to Regulated Access
The book brings together a range of leading scholars and practitioners to compile an international account of water allocation policies supporting a transition to sustainable water use in regions where agriculture is the dominant water use. In Section 1, the collection canvasses five key cross-cutting issues shaping the challenge of sustainable water allocation policy, such as legal and economic perspectives, the role of politics, the setting of environmental flows, and the importance of indigenous rights. Section 2 presents 13 national, state and transboundary case studies of water allocation policy, covering cases from Europe, the Americas, Central Asia, the Middle East and the Pacific region. These case studies highlight novel and innovative elements of water allocation regimes, which respond to the cross-cutting issues addressed in Section 1, as well as local challenges and social and environmental imperatives. The book provides a comprehensive account of water allocation in a range of international settings and provides a reference point for practitioners and scholars worldwide wishing to draw on the latest advances on how to design and implement sustainable water allocation systems.
ISBN: 9781789062779 (print)
ISBN: 9781789062786 (eBook)
ISBN: 9781789062793 (ePUB)
Chapter 3: Allocations and legal trends in the 21st century
-
Published:August 2022
Rebecca L. Nelson, 2022. "Allocations and legal trends in the 21st century", Water Resources Allocation and Agriculture: Transitioning from Open to Regulated Access, Josselin Rouillard, Christina Babbitt, Edward Challies, Jean-Daniel Rinaudo
Download citation file:
Abstract
Around the world, allocating water is a major task of national and sub-national water laws. Although each jurisdiction develops its laws uniquely in response to local conditions, common trends emerge across multiple jurisdictions. The 21st century has seen a geographic broadening of administrative planning and permitting or licensing arrangements for allocating traditional water sources. Allocation regimes also increasingly cover non-traditional water sources that previously fell outside their bounds, including brackish groundwater, rainwater and recycled water. Recognizing interactions between sources is of increasing concern to allocation regimes. Legal developments also provide for an increasing array of water users and other participants in allocation processes. Traditionally, allocation arrangements have centered on significant agricultural, municipal, industrial and other commercial uses. More recently, water law increasingly contemplates granting allocations to, or controlling, uses for environmental purposes and cultural purposes, and broadening access beyond current water rights holders under water market rules. Both constitutional and water laws increasingly recognize a human right to water, and increasingly inclusive processes apply to formulating water plans that guide or influence allocation regimes. These developments are not uniformly present, or present to the same degree, in all jurisdictions. However, encouragingly, they demonstrate increased recognition of the need to respond to water scarcity and give greater attention to equity and inclusion among water users and participants in allocation regimes.