Book Description
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
Page : 313 pages
File Size : 18,21 MB
Release : 2019-08-08
Category : History
ISBN : 1108473067
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Author : Cynthia Jordan Bannon
Publisher :
Page : 0 pages
File Size : 16,49 MB
Release : 2020
Category : Riparian rights (Roman law).
ISBN : 9780472132072
Engaging study of key issues in Roman water regulation from legal and environmental history, both ancient and modern.
Author : P. Andrew Jones
Publisher : University Press of Colorado
Page : 297 pages
File Size : 49,52 MB
Release : 2009-04-30
Category : Law
ISBN : 0870819690
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.
Author : Jimena Murillo Chávarro
Publisher : Intersentia Uitgevers N V
Page : 381 pages
File Size : 25,2 MB
Release : 2015
Category : Law
ISBN : 9781780682976
This book summarizes the history of the human right to water, and it examines the main content and the obligations that derive from this human right. The main purpose of the recognition of the human right to water is to guarantee that everyone has access to sufficient, safe, and affordable drinking water to satisfy personal and domestic uses. The book discusses whether the human right to water is recognized as a derivative right or as an independent right at three levels - the universal, regional, and domestic levels - where human rights are recognized and enforced. At the domestic level a case study approach has been used with focus on Argentina, Bolivia, Chile, and Colombia. Freshwater resources are not static; they are constantly flowing and crossing international boundaries. This situation and the relative scarcity of water resources have a direct impact on a state's capacity to realize the human right to water. The human right to water is examined in a transboundary water context, where the use and management of an international watercourse in one riparian state can directly or indirectly affect the human right to water in another riparian state. For this reason, the book analyzes whether the core principles of international water law can be used to contribute to the realization of the extraterritorial application of the right to water. [Subject: Human Rights Law, International Law, Water Law, Comparative Law]
Author : Samuel G. Unger
Publisher :
Page : 196 pages
File Size : 31,17 MB
Release : 1974
Category : Water
ISBN :
Author : Robert Jerome Glennon
Publisher : Island Press
Page : 329 pages
File Size : 49,17 MB
Release : 2012-09-26
Category : Nature
ISBN : 1597267872
The Santa Cruz River that once flowed through Tucson, Arizona is today a sad mirage of a river. Except for brief periods following heavy rainfall, it is bone dry. The cottonwood and willow trees that once lined its banks have died, and the profusion of birds and wildlife recorded by early settlers are nowhere to be seen. The river is dead. What happened? Where did the water go. As Robert Glennon explains in Water Follies, what killed the Santa Cruz River -- and could devastate other surface waters across the United States -- was groundwater pumping. From 1940 to 2000, the volume of water drawn annually from underground aquifers in Tucson jumped more than six-fold, from 50,000 to 330,000 acre-feet per year. And Tucson is hardly an exception -- similar increases in groundwater pumping have occurred across the country and around the world. In a striking collection of stories that bring to life the human and natural consequences of our growing national thirst, Robert Glennon provides an occasionally wry and always fascinating account of groundwater pumping and the environmental problems it causes. Robert Glennon sketches the culture of water use in the United States, explaining how and why we are growing increasingly reliant on groundwater. He uses the examples of the Santa Cruz and San Pedro rivers in Arizona to illustrate the science of hydrology and the legal aspects of water use and conflicts. Following that, he offers a dozen stories -- ranging from Down East Maine to San Antonio's River Walk to Atlanta's burgeoning suburbs -- that clearly illustrate the array of problems caused by groundwater pumping. Each episode poses a conflict of values that reveals the complexity of how and why we use water. These poignant and sometimes perverse tales tell of human foibles including greed, stubbornness, and, especially, the unlimited human capacity to ignore reality. As Robert Glennon explores the folly of our actions and the laws governing them, he suggests common-sense legal and policy reforms that could help avert potentially catastrophic future effects. Water Follies, the first book to focus on the impact of groundwater pumping on the environment, brings this widespread but underappreciated problem to the attention of citizens and communities across America.
Author : Philippe Cullet
Publisher : Oxford University Press
Page : 386 pages
File Size : 19,25 MB
Release : 2018-02-15
Category : Law
ISBN : 0199091358
First published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and policy. This book fills a critical gap in the study of water law, providing a rich reference point for the entire gamut of legal mechanisms available in India. This edition has been extensively revised to include new instruments on water regulation, such as the draft National Water Framework Bill, 2016, and the Model Groundwater (Sustainable Management) Act, 2016; new water-related instruments in such varied fields as criminal law, land acquisition law, and rural employment legislation; and a chapter on international legal instruments. Chapters on drinking water supply, environmental dimensions of water conservation, water infrastructure for irrigation and flood control, groundwater regulation, and institutions catering to water have been thoroughly updated for a complete coverage of water law.
Author : Christina Leb
Publisher : Cambridge University Press
Page : 367 pages
File Size : 19,46 MB
Release : 2013-07-25
Category : Law
ISBN : 110703597X
This book analyses the legal challenges facing international cooperation on water management in the twenty-first century.
Author : Inga Winkler
Publisher : Bloomsbury Publishing
Page : 376 pages
File Size : 13,49 MB
Release : 2014-08-14
Category : Law
ISBN : 1847319629
The United Nations General Assembly and the Human Rights Council recognised the human right to water in 2010. This formal recognition has put the issue high on the international agenda, but by itself leaves many questions unanswered. This book addresses this gap and clarifies the legal status and meaning of the right to water through a detailed analysis of its legal foundations, legal nature, normative content and corresponding State obligations. The human right to water has wide-ranging implications for the distribution of water. Examining these implications requires putting the right to water into the broader context of different water uses and analysing the linkages and competition with other human rights that depend on water for their realisation. Water allocation is a highly political issue reflecting societal power relations, with current priorities often benefitting the well-off and powerful. Human rights, in contrast, require prioritising the most basic needs of all people. The human right to water has the potential to address these underlying structural causes of the lack of access to water rooted in inequalities and poverty by empowering people to hold the State accountable to live up to its human rights obligations and to demand that their basic needs are met with priority.
Author : Erin O'Donnell
Publisher : Routledge
Page : 210 pages
File Size : 24,68 MB
Release : 2018-10-17
Category : Law
ISBN : 0429889607
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.