Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0008
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the ...
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This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the environmental, social, economic, and human rights aspects of water. It delves deeply on water sector reforms, and more specifically, water law reforms in India.Less
This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the environmental, social, economic, and human rights aspects of water. It delves deeply on water sector reforms, and more specifically, water law reforms in India.
Anthony Scott and Georgina Coustalin
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780198286035
- eISBN:
- 9780191718410
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198286035.003.0003
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter follows the evolution of rights to use or enjoy streams and lakes. It distinguishes legally ‘land-based’ systems from those that are ‘use-based’. Tracing the alternation or cycling of ...
More
This chapter follows the evolution of rights to use or enjoy streams and lakes. It distinguishes legally ‘land-based’ systems from those that are ‘use-based’. Tracing the alternation or cycling of these two systems in four countries, and beginning with a brief survey of Roman water law it shows that that medieval English law regarded rights over fresh water as a continuation of rights over the adjoining land. A change to use-based rights began when mill-owners ‘demanded’ that their water rights be interpreted by the courts to protect private title to a flow; this was accomplished in the Industrial Revolution by recognizing priority in use. This prior-use concept was found inadequate and in the next phase the English courts swung back to a land-based right, adopting ‘natural’-flow and ‘reasonable’-use criteria to decide which cities and factories should have rights. The chapter follows these phases abroad. It describes the western-lands invention of the appropriative-rights doctrine in the US, and its adaptation elsewhere. Throughout, the chapter also refers to changes in ‘prescriptive rights’ to water, distinguishing them from those in the prior-use and prior-appropriation phases. Less
This chapter follows the evolution of rights to use or enjoy streams and lakes. It distinguishes legally ‘land-based’ systems from those that are ‘use-based’. Tracing the alternation or cycling of these two systems in four countries, and beginning with a brief survey of Roman water law it shows that that medieval English law regarded rights over fresh water as a continuation of rights over the adjoining land. A change to use-based rights began when mill-owners ‘demanded’ that their water rights be interpreted by the courts to protect private title to a flow; this was accomplished in the Industrial Revolution by recognizing priority in use. This prior-use concept was found inadequate and in the next phase the English courts swung back to a land-based right, adopting ‘natural’-flow and ‘reasonable’-use criteria to decide which cities and factories should have rights. The chapter follows these phases abroad. It describes the western-lands invention of the appropriative-rights doctrine in the US, and its adaptation elsewhere. Throughout, the chapter also refers to changes in ‘prescriptive rights’ to water, distinguishing them from those in the prior-use and prior-appropriation phases.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic ...
More
With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic attention. This book examines water law reforms from a national and international perspective. It analyzes existing and evolving water law in its broader context, which includes the environmental, social, economic, and human rights aspects of water. This book focuses on water sector reforms, and more specifically water law reforms in India. India is perfectly placed for this analysis. On the one hand, its existing water law is characterized by the absence of a framework water legislation and its fragmented development on a sectoral basis through a variety of mechanisms, ranging from common law principles to statutes and judicial decisions. On the other hand, Indian water law is currently in the process of extensive reform. These reforms are based on the principles of water sector reforms rather than on a critical analysis of existing water law. This is further complicated by the fact that reforms are often linked to World Bank or Asian Development Projects or loans, which may come with law-related conditions attached. Ongoing water law reforms are on the whole based on a relatively narrow set of principles focusing on management concerns in the water sector. The conceptual framework that informs current water law reforms insufficiently addresses the human right, social, and environmental dimensions of water. A paradigm change is required in the conceptualization of water law reforms. This change needs to recognise water's vital role in poverty eradication and the realisation of a sustainable process of development. A series of alternative bases for reform based on human dignity, equity, and sustainability are thus proposed in this book.Less
With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic attention. This book examines water law reforms from a national and international perspective. It analyzes existing and evolving water law in its broader context, which includes the environmental, social, economic, and human rights aspects of water. This book focuses on water sector reforms, and more specifically water law reforms in India. India is perfectly placed for this analysis. On the one hand, its existing water law is characterized by the absence of a framework water legislation and its fragmented development on a sectoral basis through a variety of mechanisms, ranging from common law principles to statutes and judicial decisions. On the other hand, Indian water law is currently in the process of extensive reform. These reforms are based on the principles of water sector reforms rather than on a critical analysis of existing water law. This is further complicated by the fact that reforms are often linked to World Bank or Asian Development Projects or loans, which may come with law-related conditions attached. Ongoing water law reforms are on the whole based on a relatively narrow set of principles focusing on management concerns in the water sector. The conceptual framework that informs current water law reforms insufficiently addresses the human right, social, and environmental dimensions of water. A paradigm change is required in the conceptualization of water law reforms. This change needs to recognise water's vital role in poverty eradication and the realisation of a sustainable process of development. A series of alternative bases for reform based on human dignity, equity, and sustainability are thus proposed in this book.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0002
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter situates water law and policy in its broader context, starting with the question of water availability and water scarcity. It discusses the context within which issues of access to water ...
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This chapter situates water law and policy in its broader context, starting with the question of water availability and water scarcity. It discusses the context within which issues of access to water and water use arise, and introduces the links between poverty and water that underlie the overall analysis carried out in the book. The second section introduces the context for Indian water law in its national and international dimensions. It discusses the place and relevance of international water law as well as international water policy instruments. The chapter further examines the general links between water law and poverty in India, and the links between ongoing water law reform and poverty eradication.Less
This chapter situates water law and policy in its broader context, starting with the question of water availability and water scarcity. It discusses the context within which issues of access to water and water use arise, and introduces the links between poverty and water that underlie the overall analysis carried out in the book. The second section introduces the context for Indian water law in its national and international dimensions. It discusses the place and relevance of international water law as well as international water policy instruments. The chapter further examines the general links between water law and poverty in India, and the links between ongoing water law reform and poverty eradication.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0003
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter examines Indian water law as it developed over the years before the introduction of the current water law reforms. It focuses on issues related to access to and control over water which ...
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This chapter examines Indian water law as it developed over the years before the introduction of the current water law reforms. It focuses on issues related to access to and control over water which have been at the centre of the development of water law over time. It analyzes in particular the various forms of control from government ownership to the various types of individual claims over water that have been condoned. It also examines two relatively more recent trends in water, the recognition of a human right to water, and the addition of an environmental perspective to water law. The final section considers the need for water law reform related to the unadapted nature of what is essentially an old water law to address the challenges of the present.Less
This chapter examines Indian water law as it developed over the years before the introduction of the current water law reforms. It focuses on issues related to access to and control over water which have been at the centre of the development of water law over time. It analyzes in particular the various forms of control from government ownership to the various types of individual claims over water that have been condoned. It also examines two relatively more recent trends in water, the recognition of a human right to water, and the addition of an environmental perspective to water law. The final section considers the need for water law reform related to the unadapted nature of what is essentially an old water law to address the challenges of the present.
Joshua Getzler
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207602
- eISBN:
- 9780191715327
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207602.001.0001
- Subject:
- Law, Environmental and Energy Law
This history of the doctrinal evolution of water law investigates the links between law and economic development, with detailed attention to legal concepts and to the history of industrialization. ...
More
This history of the doctrinal evolution of water law investigates the links between law and economic development, with detailed attention to legal concepts and to the history of industrialization. Water resources were central to England’s precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late 18th and early 19th centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the 12th century. This book suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.Less
This history of the doctrinal evolution of water law investigates the links between law and economic development, with detailed attention to legal concepts and to the history of industrialization. Water resources were central to England’s precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late 18th and early 19th centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the 12th century. This book suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It ...
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This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It discusses water sector reforms and the water law reforms that have been introduced within this context. It situates the reasons for focusing on India and the framework within which the analysis is carried out.Less
This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It discusses water sector reforms and the water law reforms that have been introduced within this context. It situates the reasons for focusing on India and the framework within which the analysis is carried out.
MICHAEL TAGGART
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780199256877
- eISBN:
- 9780191719646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199256877.003.0006
- Subject:
- Law, Human Rights and Immigration, Legal History
This chapter looks at the uncertainty surrounding the law as regarding subterranean water at the time the Bradford Waterworks legislation was being promoted in 1840. This may explain why the Bradford ...
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This chapter looks at the uncertainty surrounding the law as regarding subterranean water at the time the Bradford Waterworks legislation was being promoted in 1840. This may explain why the Bradford Water Company, and later the Corporation, did not secure rights to the continued flow of the water under East Many Wells Farm owned by Edward Pickles. The chapter also discusses the 19th-century development of water law in greater detail to put the decision in Pickles in a broader legal context. The absolute nature of the property right in underground water established in the case reverberates beyond the small corner of water law relating to appropriation of flowing underground water. The Bradford Waterworks Act 1842 is also considered, along with William Blackstone's treatment of water law and his conception of property, case law and literature between Blackstone and 1840, developments between the time of incorporation of the Bradford Waterworks in 1842 and the Pickles litigation in the 1890s, American law on water and property in the 19th century, legal category of subterranean water in a defined stream, pollution of percolating waters, and absolutism in property.Less
This chapter looks at the uncertainty surrounding the law as regarding subterranean water at the time the Bradford Waterworks legislation was being promoted in 1840. This may explain why the Bradford Water Company, and later the Corporation, did not secure rights to the continued flow of the water under East Many Wells Farm owned by Edward Pickles. The chapter also discusses the 19th-century development of water law in greater detail to put the decision in Pickles in a broader legal context. The absolute nature of the property right in underground water established in the case reverberates beyond the small corner of water law relating to appropriation of flowing underground water. The Bradford Waterworks Act 1842 is also considered, along with William Blackstone's treatment of water law and his conception of property, case law and literature between Blackstone and 1840, developments between the time of incorporation of the Bradford Waterworks in 1842 and the Pickles litigation in the 1890s, American law on water and property in the 19th century, legal category of subterranean water in a defined stream, pollution of percolating waters, and absolutism in property.
Philippe Cullet and Sujith Koonan (eds)
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198070818
- eISBN:
- 9780199080762
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198070818.001.0001
- Subject:
- Law, Constitutional and Administrative Law
India's dependence on water is critical owing to its large agricultural base, the water needs of its billion-plus population, and the recent economic growth trends. Despite the plethora of material ...
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India's dependence on water is critical owing to its large agricultural base, the water needs of its billion-plus population, and the recent economic growth trends. Despite the plethora of material on environmental law, legal scholarship on water law in particular has been negligible. This book discusses the policy framework for the use of water in India. It also brings out the complexity in the structure of laws due to variations at the levels of their implementation, i.e., at the international, national, state, municipal, and panchayat levels. It covers a wide range of issues such as centre-state relations; management, appropriation, and control of water; irrigation; sanitation; drinking water; ground water; pollution; and water-dependent activities like power generation, and fisheries. The book further explores water-related environmental and health concerns. The work also examines the importance of various conflict resolution processes for resolving water-related disputes. It offers a range of legal ideas on water management in India, and thus, provides crucial insights into the field.Less
India's dependence on water is critical owing to its large agricultural base, the water needs of its billion-plus population, and the recent economic growth trends. Despite the plethora of material on environmental law, legal scholarship on water law in particular has been negligible. This book discusses the policy framework for the use of water in India. It also brings out the complexity in the structure of laws due to variations at the levels of their implementation, i.e., at the international, national, state, municipal, and panchayat levels. It covers a wide range of issues such as centre-state relations; management, appropriation, and control of water; irrigation; sanitation; drinking water; ground water; pollution; and water-dependent activities like power generation, and fisheries. The book further explores water-related environmental and health concerns. The work also examines the importance of various conflict resolution processes for resolving water-related disputes. It offers a range of legal ideas on water management in India, and thus, provides crucial insights into the field.
JOSHUA GETZLER
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207602
- eISBN:
- 9780191715327
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207602.003.0002
- Subject:
- Law, Environmental and Energy Law
This chapter investigates the economic history of water use and introduces the characteristic problems of private water law. It examines how water power became the technological foundation of ...
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This chapter investigates the economic history of water use and introduces the characteristic problems of private water law. It examines how water power became the technological foundation of industrialization, and why this process climaxed in late 18th-century England. It begins two millennia before the British Industrial Revolution, for it was the Roman law that first addressed the problem of water rights. The chapter shows why the Romans came to invent their elaborate system of water rights that provided the basis for much later law; and how later European societies with different technological bases created new forms of water law.Less
This chapter investigates the economic history of water use and introduces the characteristic problems of private water law. It examines how water power became the technological foundation of industrialization, and why this process climaxed in late 18th-century England. It begins two millennia before the British Industrial Revolution, for it was the Roman law that first addressed the problem of water rights. The chapter shows why the Romans came to invent their elaborate system of water rights that provided the basis for much later law; and how later European societies with different technological bases created new forms of water law.
JOSHUA GETZLER
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207602
- eISBN:
- 9780191715327
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207602.003.0005
- Subject:
- Law, Environmental and Energy Law
In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but ...
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In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but Coke’s main concern is with tenures and estates: with title to land, not use of land. By contrast, Sir Matthew Hale (1609-76) and Sir William Blackstone (1723-80) provided detailed and systematic treatments of the rights of enjoyment incidental to land ownership. A justifiable claim can be made that these writers, Blackstone in particular, laid the foundations for the 19th-century law of land and water use. Here Blackstone, like Coke, was cited by the judges in leading cases as a direct authority in the search for right answers. This chapter reconstructs these modern institutionalists’ schemes of property and water law, which in turn reveals much of their legal technique and ideology.Less
In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but Coke’s main concern is with tenures and estates: with title to land, not use of land. By contrast, Sir Matthew Hale (1609-76) and Sir William Blackstone (1723-80) provided detailed and systematic treatments of the rights of enjoyment incidental to land ownership. A justifiable claim can be made that these writers, Blackstone in particular, laid the foundations for the 19th-century law of land and water use. Here Blackstone, like Coke, was cited by the judges in leading cases as a direct authority in the search for right answers. This chapter reconstructs these modern institutionalists’ schemes of property and water law, which in turn reveals much of their legal technique and ideology.
Philippe Cullet and Sujith Koonan
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198070818
- eISBN:
- 9780199080762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198070818.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses several areas comprising the basic structure of water law. It starts with a brief section on international water law documents, covering only those instruments directly ...
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This chapter discusses several areas comprising the basic structure of water law. It starts with a brief section on international water law documents, covering only those instruments directly relevant in India. It includes some provisions related to the human right to water as well as some key soft law documents. The next section covers domestic instruments. It deals with several basic topics of water law, including the fundamental right to water and the basic constitutional scheme for determining the jurisdiction over water, from the local to the national level. The final section considers some of the basic principles and concepts of water law.Less
This chapter discusses several areas comprising the basic structure of water law. It starts with a brief section on international water law documents, covering only those instruments directly relevant in India. It includes some provisions related to the human right to water as well as some key soft law documents. The next section covers domestic instruments. It deals with several basic topics of water law, including the fundamental right to water and the basic constitutional scheme for determining the jurisdiction over water, from the local to the national level. The final section considers some of the basic principles and concepts of water law.
Philippe Cullet and Sujith Koonan
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198070818
- eISBN:
- 9780199080762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198070818.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter provides an overview of water law in India. It discusses the evolution of water law, key features of water law, evolving water law and policy, water sector reforms, water law reforms, ...
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This chapter provides an overview of water law in India. It discusses the evolution of water law, key features of water law, evolving water law and policy, water sector reforms, water law reforms, the mosaic of water law, and selected books on water law in India.Less
This chapter provides an overview of water law in India. It discusses the evolution of water law, key features of water law, evolving water law and policy, water sector reforms, water law reforms, the mosaic of water law, and selected books on water law in India.
Philippe Cullet and Sujith Koonan
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198070818
- eISBN:
- 9780199080762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198070818.003.0006
- Subject:
- Law, Constitutional and Administrative Law
Irrigation law is one of the oldest and most developed areas of water law. Irrigation acts adopted in different parts of the country reflect, in part, the varied irrigation practices of different ...
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Irrigation law is one of the oldest and most developed areas of water law. Irrigation acts adopted in different parts of the country reflect, in part, the varied irrigation practices of different climates and cultures. This chapter begins with a discussion of the Bihar Irrigation Act, 1997, which is noteworthy insofar as it conforms to a model that can be traced back several decades. It then considers the reforms in irrigation law that have been introduced in various states over the past couple of decades. The focus is on decentralization and participation in irrigation management, and the policy measures proposed centre around the establishment of water user associations.Less
Irrigation law is one of the oldest and most developed areas of water law. Irrigation acts adopted in different parts of the country reflect, in part, the varied irrigation practices of different climates and cultures. This chapter begins with a discussion of the Bihar Irrigation Act, 1997, which is noteworthy insofar as it conforms to a model that can be traced back several decades. It then considers the reforms in irrigation law that have been introduced in various states over the past couple of decades. The focus is on decentralization and participation in irrigation management, and the policy measures proposed centre around the establishment of water user associations.
Philippe Cullet and Sujith Koonan
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198070818
- eISBN:
- 9780199080762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198070818.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the regulation of groundwater. It covers national level initiatives which include the establishment of the Central Groundwater Authority and model groundwater legislation. It ...
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This chapter discusses the regulation of groundwater. It covers national level initiatives which include the establishment of the Central Groundwater Authority and model groundwater legislation. It then discusses state groundwater laws and rainwater harvesting.Less
This chapter discusses the regulation of groundwater. It covers national level initiatives which include the establishment of the Central Groundwater Authority and model groundwater legislation. It then discusses state groundwater laws and rainwater harvesting.
David Schorr
- Published in print:
- 2012
- Published Online:
- October 2013
- ISBN:
- 9780300134476
- eISBN:
- 9780300189049
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300134476.003.0006
- Subject:
- Law, Legal History
This concluding chapter examines several aspects of the relationship between the early history of Colorado water law and property theory. It first reviews the distributive-justice principles ...
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This concluding chapter examines several aspects of the relationship between the early history of Colorado water law and property theory. It first reviews the distributive-justice principles reflected in the appropriation doctrine. It then examines the classic claim that the adoption of the prior appropriation regime was a transition to a system of more specified private-property rights, driven by considerations of economic efficiency. Next, it looks at other economic explanations for the transition in property rights, especially those highlighting the inefficient institutions that may result from interest group pressure. The fourth section considers some practical, modern implications of this study. Finally, the insights gained into the history of the Colorado Doctrine are used to question conventional classifications of property regimes.Less
This concluding chapter examines several aspects of the relationship between the early history of Colorado water law and property theory. It first reviews the distributive-justice principles reflected in the appropriation doctrine. It then examines the classic claim that the adoption of the prior appropriation regime was a transition to a system of more specified private-property rights, driven by considerations of economic efficiency. Next, it looks at other economic explanations for the transition in property rights, especially those highlighting the inefficient institutions that may result from interest group pressure. The fourth section considers some practical, modern implications of this study. Finally, the insights gained into the history of the Colorado Doctrine are used to question conventional classifications of property regimes.
Mark Kanazawa
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780226258676
- eISBN:
- 9780226258706
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226258706.001.0001
- Subject:
- Economics and Finance, Economic History
This book examines the origins of California surface water law in the earliest years of statehood: the decade of the 1850’s. This decade was dominated by a key event in California history, the Gold ...
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This book examines the origins of California surface water law in the earliest years of statehood: the decade of the 1850’s. This decade was dominated by a key event in California history, the Gold Rush. The Gold Rush comprised a major exogenous shock to the California economy, resulting in tremendous economic and population growth within an extremely short period of time, along with significant structural changes to the economy. Importantly, the Gold Rush caused a dramatic increase in the demand for water, a key factor input into placer mining. The increased use of water led to a large number of disputes among miners over its use, which set into motion a series of changes in how water rights were defined and how disputes over water rights were to be resolved. The emergence of California water law was a complex process that contained both formal and informal elements. A key component of the picture was the creation of basic legal principles within a network of mining camps. Many of these principles were subsequently incorporated into the official system of water law as promulgated by the courts. This book examines legal developments that governed disputes in three key areas: diversions of water, water quality, and dam failures. The resulting principles were broadly consistent with attempts to maximize rents within local water basins, including the minimization of various components of transaction costs, including enforcement and measurement costs.Less
This book examines the origins of California surface water law in the earliest years of statehood: the decade of the 1850’s. This decade was dominated by a key event in California history, the Gold Rush. The Gold Rush comprised a major exogenous shock to the California economy, resulting in tremendous economic and population growth within an extremely short period of time, along with significant structural changes to the economy. Importantly, the Gold Rush caused a dramatic increase in the demand for water, a key factor input into placer mining. The increased use of water led to a large number of disputes among miners over its use, which set into motion a series of changes in how water rights were defined and how disputes over water rights were to be resolved. The emergence of California water law was a complex process that contained both formal and informal elements. A key component of the picture was the creation of basic legal principles within a network of mining camps. Many of these principles were subsequently incorporated into the official system of water law as promulgated by the courts. This book examines legal developments that governed disputes in three key areas: diversions of water, water quality, and dam failures. The resulting principles were broadly consistent with attempts to maximize rents within local water basins, including the minimization of various components of transaction costs, including enforcement and measurement costs.
David Gilmartin
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780520285293
- eISBN:
- 9780520960831
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520285293.003.0004
- Subject:
- History, Environmental History
Conflicting British ideas on the relationship between community and water control were played out in the distinction between statute and custom in water law. The principles of productive efficiency ...
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Conflicting British ideas on the relationship between community and water control were played out in the distinction between statute and custom in water law. The principles of productive efficiency and state ownership of water were enshrined in the Canal Act of 1873. But the importance of forms of community rooted in genealogy and local custom was reflected in the development of a distinctive realm of customary water law. The chapter explores how the intersection of these realms shaped structures of water distribution and labor obligations on canals and also allowed for the development of an important arena of “private” canal construction under the authority of local water lords, acting under the authority of the colonial state.Less
Conflicting British ideas on the relationship between community and water control were played out in the distinction between statute and custom in water law. The principles of productive efficiency and state ownership of water were enshrined in the Canal Act of 1873. But the importance of forms of community rooted in genealogy and local custom was reflected in the development of a distinctive realm of customary water law. The chapter explores how the intersection of these realms shaped structures of water distribution and labor obligations on canals and also allowed for the development of an important arena of “private” canal construction under the authority of local water lords, acting under the authority of the colonial state.
Philippe Cullet and Sujith Koonan
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198070818
- eISBN:
- 9780199080762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198070818.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter covers areas which may not necessarily be covered as part of water law, seen in a narrow sense, but are intrinsically related to water. The first section focuses on inland fishing, one ...
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This chapter covers areas which may not necessarily be covered as part of water law, seen in a narrow sense, but are intrinsically related to water. The first section focuses on inland fishing, one of the main water-based resources, which is intrinsically linked to water itself and hence to water law. The second section examines extractive industries, with a focus on mining and the impact that extraction has on water quality and water resources. The third section addresses the broad linkage between energy and water and highlights in particular hydropower and the links between electricity and access to groundwater.Less
This chapter covers areas which may not necessarily be covered as part of water law, seen in a narrow sense, but are intrinsically related to water. The first section focuses on inland fishing, one of the main water-based resources, which is intrinsically linked to water itself and hence to water law. The second section examines extractive industries, with a focus on mining and the impact that extraction has on water quality and water resources. The third section addresses the broad linkage between energy and water and highlights in particular hydropower and the links between electricity and access to groundwater.
Philippe Cullet and Sujith Koonan (eds)
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780199472475
- eISBN:
- 9780199089857
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199472475.003.0001
- Subject:
- Law, Environmental and Energy Law
This chapter provides a concise introduction and overview of water law and policy in India. It examines the overall regulatory framework governing water, from the constitutional provisions to the ...
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This chapter provides a concise introduction and overview of water law and policy in India. It examines the overall regulatory framework governing water, from the constitutional provisions to the diverse sectoral laws, policies and administrative directions that make up water law. It also introduces some of the basic concepts, such as water rights, the right to water, state control, and public trust. It then analyses general developments over the past couple of decades in terms of policy reforms (water sector reforms) and water law reforms.Less
This chapter provides a concise introduction and overview of water law and policy in India. It examines the overall regulatory framework governing water, from the constitutional provisions to the diverse sectoral laws, policies and administrative directions that make up water law. It also introduces some of the basic concepts, such as water rights, the right to water, state control, and public trust. It then analyses general developments over the past couple of decades in terms of policy reforms (water sector reforms) and water law reforms.