week 2, lecture 4: water law and water rights

Question 1

Hodgson: Why is there no universal definition to water rights?

Answer 1

There is no universally agreed definition of water rights because it reflects economic, social and cultural perceptions of water which are shaped by a range of factors including geography, climate and extreme variability in the availability of water resources – dynamic complexity. -> legal right to abstract and use a quantity of water from a natural source such as a river, stream or aquifer.

Question 1

Hodgson: what are differences between old and new water rights?

Answer 1

Differences:
- Legal differences: are created through formal legal systems and have legal consequences, while old water rights were often based on local law practices.
- Nature of rights: new water rights involve the right to remove water from the natural environment, while old water rights were tied to land ownership.
- Entitlements: New water rights creates a right to receive water through artificial structures, such as irrigation systems, while old water rights were tied to natural water courses
- Regulatory framework: New water rights are often part of a more substantive water sector reform, driven by concerns over pressure on water resources due to population growth and climate change, while old water rights are based on historical use.
- Tradability and transferability: new water rights are often tradable and transferable.

Question 2

Hodgson: Why are new water rights needed?

Answer 2

In summary, the regulation of water activities is essential due to the intricate connections between different uses of water. The goal is to strike a balance, considering the varying quality needs of water users, the impact of discharges on the ecosystem, and the quantity of water abstracted, especially during times of low flow. This comprehensive approach helps ensure the responsible and sustainable use of water resources.

Question 3

Hodgson: There are 3 types of water rights: statutory water rights, traditional land-based approaches, and contractual water rights:

Answer 3

• Statutory water rights: the right to perform activities like changing water flow, building structures on river banks. These legal rights are created by a country’s law for using water.
• Traditional land-based approaches: The right to use the water that run through an owners land, often historically created.
• Contractual water rights:, the right to receive water through arrangements with water suppliers. Often through contracts, is not tied to land ownership.

Question 4

Hodgson: What are the two dominant legal traditions?

Answer 4

• Civil law tradition: found in most European countries, Latin America, parts of Afrika, Indonesia and Japan. Decisions based on national law.
• Common law tradition: Australia, US, etc. Decisions based on specific cases.

Question 5

Gleick: Is there a human right to water?

Answer 5

According to several covenants and international agreements, there is a right to water. ‘’ Everyone has the right to have access to sufficient food and water.”

Question 6

Gleick: If there is a human right to water, what is the advantage and implications of acknowledging such a right?

Answer 6

Although there is a formal right to water, nearly a billion people are undernourished. 5 reasons for acknowledging a human right to water:

1. It would encourage the international community and individual governments to renew their efforts to meet basic water needs of their populations.
2. By acknowledging a right to water, it is likely that these right become legal obligations.
3. It would maintain a spotlight of attention on the current state of water management in many parts of the world.
4. It helps focus attention on the need to address international water disputes and resolve conflicts over the use of shared water by identifying minimum water requirements and allocations for all basin parties.
5. It can help set specific priorities for water polity, should have priority over other water management decisions.

Question 7

Gleick: What are the obligations of states, regional governments, organizations and individuals in achieving these rights?

Answer 7

A right to water logically implies only to basic needs for drinking, cooking and fundamental domestic use.

Question 8

At what costs should this water be provided?

Answer 8

Water should be paid for, but when the cost can’t be paid, local communities, local governments, or national governments should be responsible to provide that basic water requirement through subsidies or entitlements.