Modern water rights : theory and practice

In most jurisdictions legal rights to use water - water rights - are traditionally linked to land tenure rights and in particular to land ownership rights. Driven mainly by increased pressure on water resources, but also by other factors that are discussed in this paper, a number of countries have recently undertaken substantive water law reforms. A key focus of such reforms is generally the introduction of formal and explicit water rights that clearly specify the volume of water that is subject to each right, together with the associated institutional arrangements for their allocation, registration, monitoring and enforcement. Modern water rights are not intrinsically tied to specific land plots and in an increasing number of jurisdictions they are transferable and thus may be traded on a temporary or permanent basis. Long term, clearly defined and secure, they amount to a form of property right over the use of water. From the perspective of society, modern water rights permit the orderly allocation and sustainable use of valuable water resources. From the perspective of the right holder they confer the necessary security to invest in activities entailing the use of water. More importantly they provide an effective mechanism for ensuring the proper management of water resources.
This publication offers a fresh look at the theory and practice of modern water rights, from a comparative law angle. It sheds light on a number of key features of such rights, and draws out and discusses the relevant problematic issues.