Hydrological variability, increasing competition for water, and the need for regulatory flexibility may increasingly compel governments to adopt measures with significant economic impact on foreign investment. In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, revisiting the well-known doctrine of the police power. Through the lens of international investment law, the author explores a framework that assesses the legitimate exercise of police power with particular attention to the special nature of water resources.
This title examines how regulatory frameworks have addressed the various basic issues related to water resources management, and provides a comparative analysis of those issues. It elicits and discusses what it considers are the essential elements for a regulatory framework for water resources management, and identifies some emerging trends.
Now in an extensively updated fourth edition, this essential text offers a comprehensive survey of all aspects of water resources planning and management. Utilizing an integrated water resources management (IWRM) framework, the authors show how this approach can clarify and help resolve resource management problems in ways that take into account complicated and interconnected social, economic, and environmental needs. Spanning the full planning process, the book considers legal and administrative issues; economic and forecasting factors; water quality, quantity, supply, use and demand; and model applications. The authors’ goal throughout is to provide a practical foundation for improving ecological and human environmental systems for practitioners and students alike.
This book presents case studies that share important experiences regarding Integrated Water Resource Management (IWRM) in various countries. Following an introduction to theoretical concepts, responsibilities, and challenges, the subsequent chapters address, among other topics, an analysis of policies and regulations for water management in Brazil, the drivers that led California to adapt to the IWRM framework, and the international regulations for water markets and water banking in Australia and Chile. The implications of climate change for water resource systems in Mexico are discussed, as well as management strategies from California that could potentially serve as IWRM adaptation schemes in Mexico. Critical cases from Guanacaste (Costa Rica), and from Zayandehrud River Basin and Lake Urmia (Iran) are reviewed in terms of management practices and solutions. The book also provides an overview of the current availability and use of water resources in South Korea, and discusses the management of and international water law instruments for transboundary groundwater in Africa.
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.
Water plays a key role in addressing the most pressing global challenges of our time, including climate change adaptation, food and energy security, environmental sustainability and the promotion of peace and stability. This comprehensive handbook explores the pivotal place of law and policy in efforts to ensure that water enables positive responses to these challenges and provides a basis for sound governance. The book reveals that significant progress has been made in recent decades to strengthen the governance of water resource management at different scales, including helping to address international and sub-national conflicts over transboundary water resources. It demonstrates that ‘effective’ laws and policies are fundamental drivers for the safe, equitable and sustainable utilization of water. However, it is also shown that what might constitute an effective law or policy related to water resources management is still hotly debated. As such, the handbook provides an important and definitive reference text for all studying water governance and management.
This book provides an overview of facts, theories and methods from hydrology, geology, geophysics, law, ethics, economics, ecology, engineering, sociology, diplomacy and many other disciplines with relevance for concepts and practice of water resources management. It provides comprehensive, but also critical reading material for all communities involved in the ongoing water discourses and debates. The book refers to case studies in the form of boxes, sections, or as entire chapters. They illustrate success stories, but also lessons to be remembered, to avoid repeating the same mistakes. Based on consolidated state-of-the-art knowledge, it has been conceived and written to attract a multidisciplinary audience. The aim of this handbook is to facilitate understanding between the participants of the international water discourse and multi-level decision making processes. Knowing more about water, but also about concepts, methods and aspirations of different professional, disciplinary communities and stakeholders professionalizes the debate and enhances the decision making.
A multidisciplinary text, considering both general issues and principles of water law and administration at national and international level, dealing with current legal and institutional aspects of water resources management. New information has been added in this latest edition, including the situation in countries previously a part of the former Soviet Union. Added emphasis is given to areas of growing topical importance, such as stakeholders' influence on decisions, the need to maintain a minimum flow in water bodies and the necessity for legislation in support of water resource monitoring. There is new material on the European Union Water Framework Directive which is referenced heavily in the work. The book is aimed at those who carry out functions in water resources administration and those who deal with legal issues raised by water management. The book will be particularly useful to academics and graduate students of law, engineering, hydrology, hydrogeology, sanitary engineering and planners, as well as national and international water resources managers.
This revised second edition is essential to everyone involved with water and water resources-complying with the myriad federal, state, and local laws and regulations that govern the use and management of water in our attempts to maintain, clean, usable water. It includes the law of water diversion and distribution; water resources development and protection; water treatment and land use; ocean dumping; oil and hazardous substances cleanup; riparian and non-riparian systems; Eastern permit systems; beneficial use; water codes; prior appropriation; surface and ground water; channel modifications; municipal water supply; irrigation; California Water Management Districts; Bureau of Reclamation; Corps of Engineers; Water Resources Development Act of 1986; SCS, TVA, BPA, NEA, CERCLA, CWA, SDWA, RCRA, and their substantial changes in the last four years; water resources planning and research; public use; ownership of beds and banks; wild and scenic rivers; river corridor and instream flow protection; flood insurance, Section 404 and Section 208; the Supreme Court and water conservation; heat dischargers; quality-based effluent limitations; state ground water programs; pretreatment; funding; enforcement; citizen suits; and many more vital topics.
