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Witting, Christian. « A History of Water Rights at Common Law ». Modern Law Review 68, no 3 (mai 2005) : 508–10. http://dx.doi.org/10.1111/j.1468-2230.2005.549_5.x.
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Smith, C. « Review : A History of Water Rights at Common Law ». Journal of Environmental Law 17, no 2 (1 janvier 2005) : 298–300. http://dx.doi.org/10.1093/envlaw/eqi024.
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Vallelly, Neil. « Humans Rights Against Human Rights ». Counterfutures 11 (7 décembre 2021) : 142–53. http://dx.doi.org/10.26686/cf.v11.7357.
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Lautenberger, Mathew C., et Patricia E. Norris. « Private rights, public interests and water use conflicts : evolving water law and policy in Michigan ». Water Policy 18, no 4 (10 mars 2016) : 903–17. http://dx.doi.org/10.2166/wp.2016.037.
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Water conflicts are rare across Michigan's history. As a result, water rights have received little attention by courts or the legislature. Traditionally, the common law of water rights in Michigan embraces the riparian doctrine for surface water and provides landowners with the right to use groundwater. However, two recent changes in common and statutory law significantly modify the legal relations among water users and others with a stake in water use decisions. A 2005 Michigan Court of Appeals decision created a new legal relation among riparian and groundwater rights holders. In 2008, Michigan's legislature passed laws aimed at regulating surface water and groundwater withdrawals. As an exercise of police power intended to protect public rights in water and associated environmental quality, the 2008 laws cap total water withdrawals. This program of restricting water withdrawals coexists with the state's common law which provides for reasonable use of surface water by riparian landowners and groundwater by owners of the overlying land. The result is a new set of legal relations, an uncertain legal environment, and a growing likelihood of water use conflicts. Because Michigan's body of water law is unique, neither courts nor legislature can rely on solutions used in other states.
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Welsh, Michael, Charles T. DuMars, Marilyn O'Leary et Albert E. Utton. « Pueblo Indian Water Rights : Struggle for a Precious Resource ». Western Historical Quarterly 16, no 4 (octobre 1985) : 466. http://dx.doi.org/10.2307/968627.
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Parman, Donald L., et Lloyd Burton. « American Indian Water Rights and the Limits of Law ». Western Historical Quarterly 23, no 2 (mai 1992) : 241. http://dx.doi.org/10.2307/970462.
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Dugard, Jackie. « Water Rights in a Time of Fragility : An Exploration of Contestation and Discourse around Cape Town’s “Day Zero” Water Crisis ». Water 13, no 22 (16 novembre 2021) : 3247. http://dx.doi.org/10.3390/w13223247.
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South Africa is an interesting case study on the right to water. It is an upper-middle income country with a history and current reality of extreme racialised inequality, including the water services sphere. It is water scarce, and during 2018, Cape Town was expected to be the first major metropolitan city in the world to run out of water. South Africa has one of the most progressive constitutions in the world, which incorporated socio-economic rights including the right to water as explicitly justiciable long before the international right to water was recognised. However, despite clear water-security and water-equity fault lines on the one hand and conducive legal frameworks on the other hand, there has been relatively little water rights contestation in post-apartheid South Africa. It is this paradox and, in particular, how it played out in the clear case of water insecurity in Cape Town’s “Day Zero” crisis that are the subjects of examination in this article. Aiming to make an original contribution to the scholarship on the “Day Zero” crisis by exploring it from the perspective of interlocutors and those affected by it, this article also hopes to contribute towards a better understanding of the nature and application of water rights more broadly.
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Gabru, N. « SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no 1 (10 juillet 2017) : 1. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2831.
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Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.
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Lawson, Michael L., Charles T. DuMars, Marilyn O'Leary et Albert E. Utton. « Pueblo Indian Water Rights : Struggle for a Precious Resource ». Ethnohistory 33, no 3 (1986) : 337. http://dx.doi.org/10.2307/481821.
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McEvoy, Arthur F., et Lloyd Burton. « American Indian Water Rights and the Limits of Law. » Journal of American History 79, no 2 (septembre 1992) : 699. http://dx.doi.org/10.2307/2080142.
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Stern, Stephanie, et A. Dan Tarlock. « Moving Water ». Columbia Journal of Environmental Law 49, S (1 avril 2024) : 249–90. http://dx.doi.org/10.52214/cjel.v49is.12549.
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Climate change-induced megadrought and rapid urbanization are forcing western agriculture into retreat as water supplies diminish and heat and drought ravage crops and livestock. At the same time, the megadrought is imposing deep ecological harm on riparian areas, fish species, and soil and increasing the concentration of pollutants in dwindling waterways. These developments raise the question of how to use the water rights left behind as western irrigated agriculture in-evitably shrinks. We argue that federal purchase of some of these rights could create a pool of water available for instream flows (also termed environmental flows) to preserve waterways and aquatic eco-systems. We propose that the federal government acquire some west-ern water rights from agricultural holders, just as it has acquired homes in residential “managed retreat” programs, and dedicate those rights to instream flows. This proposal is novel in agricultural policy, which has stubbornly subsidized agriculture in place, and in the schol-arship on government managed retreat from climate change, which has focused on retreating people and land, not rights in natural re-sources. Federal government managed retreat of western water rights reasserts a federal role in western water allocation, a feature we con-tend accords with current needs as well as history. The allocation of western water and the system of state and private water ownership are largely the result of the post-Civil War response to illegal gold and silver mining thought necessary to encourage western settlement. These policies no longer respond to the modern urbanized West and its present environmental challenges. Drought retreat presents an oppor-tunity for the federal government to move toward a more balanced al-location of western water and create durable environmental benefits.
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McIntyre, William C., et David C. Mays. « Roles of the Water Court and the State Engineer for water administration in Colorado ». Water Policy 19, no 5 (29 avril 2017) : 837–50. http://dx.doi.org/10.2166/wp.2017.145.
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Colorado manages water using an administrative structure that is unique among the United States following the doctrine of prior appropriation: Water rights are adjudicated not by the State Engineer, but by Water Courts – separate from and operating in parallel to the criminal and civil courts – established specifically for this purpose. Fundamental to this system is the notion that water rights are property, with consequent protections under the US Constitution, but with the significant constraint that changes in water rights must not injure other water rights, either more senior or more junior. Population growth and climate change will certainly trigger changes in water administration, to be guided by the recent Colorado Water Plan. To provide the foundation necessary to appreciate these changes, this paper reviews the history of Colorado water administration and summarizes the complementary roles of the Water Courts and the State Engineer. Understanding water administration in Colorado depends on a firm grasp on how these two branches of state government formulate and implement water policy.
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Mishra, Mythili. « A Tale of Two Communities : Inequality and the Right to Water in Hudorovič and Others v Slovenia ». LSE Law Review 6, no 3 (15 mars 2021) : 170–78. http://dx.doi.org/10.61315/lselr.201.
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Hudorovič and Others v Slovenia is a case concerning Roma communities living in informal settlements in Slovenia who did not have adequate access to safe drinking water and sanitation. This case was fought in the context of Slovenia making access to drinking water a constitutional right. This, however, did not become pertinent, and the European Court of Human Rights (ECtHR) found no violation of Article 8 by a 5:2 majority in the first application, and unanimously found no violations under the other Articles and for the second application. This case note critically analyses three themes in the judgment. First, it evaluates the Court’s assessment of the right to water, contrasting it with Indian constitutional jurisprudence, and the framework proposed by the dissenting judges. It further proposes a qualified right to water in European human rights law. Second, it argues that the majority decontextualised the position of the Applicants in determining socio-economic issues. They ignored the history of social exclusion and inequality faced by the Roma people and the role of the State in addressing this, contrary to the concepts of substantive equality and positive obligations. This makes this case a ‘tale of two communities’. Finally, it notes the overarching theme of socio-economic rights in the European Convention on Human Rights (ECHR), examining how the nature of the application in Hudorovič is difficult to fit within traditional European human rights law, and explains the tensions that emerge as a result.
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O'Neil, Floyd A., et Charles T. Dumars. « Pueblo Indian Water Rights : Struggle for a Precious Resource ». American Historical Review 90, no 3 (juin 1985) : 769. http://dx.doi.org/10.2307/1861122.
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Kohler, Stefan. « Customary water rights and modern technology ». Études rurales, no 155-156 (1 janvier 2000) : 167–78. http://dx.doi.org/10.4000/etudesrurales.21.
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Collins, Lynda. « Environmental Rights on the Wrong Side of History : Revisiting Canada's Position on the Human Right to Water ». Review of European Community & ; International Environmental Law 19, no 3 (novembre 2010) : 351–65. http://dx.doi.org/10.1111/j.1467-9388.2010.00691.x.
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Jackson, Sue, Erin O'Donnell, Lee Godden et Marcia Langton. « Ontological Collisions in the Northern Territory's Aboriginal Water Rights Policy ». Oceania 93, no 3 (novembre 2023) : 259–81. http://dx.doi.org/10.1002/ocea.5388.
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ABSTRACTAmid a renewed push to extract water for agriculture and mining, Indigenous advocacy in northern Australia has resulted in the introduction of a new water allocation mechanism: a reserve of water to be retained for the use and benefit of Indigenous communities. Our socio‐legal analysis of the Oolloo Water Allocation Plan shows that the Strategic Aboriginal Water Reserves carry essential hallmarks of neoliberal property relations and are founded in the modernist mode of regulating extracted water as a commodity divisible from land, amenable to partitioning and disarticulated from socio‐cultural relations. Informed by ethnographic material from the Daly River region gathered over almost a century, we describe the hydro‐social relations that are created through customary traditions and practices, water planning and licencing, and the interaction between different scales of water movement and decision‐making by both the state and Traditional Owners. The paper contributes in several ways to research that has identified ontological conflicts as central to disagreements over water and pointed to the difficulty of articulating theoretical framings of ontological difference with the practical work of water negotiations. It shows how the new Indigenous water rights discourse that coincided with the commodification of water in wider Australia shaped the way in which Aboriginal people of this region have more recently articulated their relationships to the Daly River and the limits to state recognition of those relationships. We find that the Reserve model is unable to recognize the capacity of water to connect and unify people and other beings, as well as to define boundaries between them. Within a regime that facilitates resource extraction, a limited opening has been created for Aboriginal people to benefit from this model of economic development, yet we argue that there is reason to fear that the divisions the Aboriginal Water Reserve enacts between waters and land presents significant socio‐cultural risks.
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Anastasi, Francesco. « An Outline on the Right to Water in the EU System ». European Studies 7, no 1 (1 décembre 2020) : 363–89. http://dx.doi.org/10.2478/eustu-2022-0061.
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Summary Water is a fundamental resource for the birth, development of human civilization. The right to water is one of those rights that transcends and embraces the whole history of man and society. However, in our contemporary society the right to water seems something new, almost a post-modern innovation. Research at European level has taken up the challenge and the scientific water community is committed to rapidly developing and transferring management solutions that make our cities more liveable and the negative pressures on the availability of good quality water for uses increasingly irrelevant potable and civil. In this context it is important to develop a regulatory and legislative approach that does not settle for damage-repair dynamics but an approach aimed at prevention and planning directed towards two contexts: procurement and recycling-reuse.
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Jegede, Ademola, et Pumzile Shikwambane. « Water ‘Apartheid’ and the Significance of Human Rights Principles of Affirmative Action in South Africa ». Water 13, no 8 (16 avril 2021) : 1104. http://dx.doi.org/10.3390/w13081104.
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Water is an essential necessity for human beings; however, South Africa has a long history of inequalities dating back to apartheid politics and legislation which denied access to water to disadvantaged black populations mostly residing in rural areas. Although apartheid has officially ended, whether the lack of access to water by such populations who still cannot afford it exists and aligns with international human rights principles of equality and non-discrimination merits an examination. To redress the injustices of the apartheid regime, the right to have access to sufficient water is entrenched in section 27(1)(b) of the 1996 South African Constitution. In addition to embracing equality and non-discrimination, the Constitution informs other instruments and measures such as free basic water policy and pre-paid meters meant to ensure access to water. However, the plight of these populations persists in post-apartheid South Africa, but it is rarely a subject of academic scrutiny how the notion of affirmative action as grounded in the principles of equality and non-discrimination under human rights law can be deployed as a response. Using a doctrinal research approach, this article argues that the continuing struggle of disadvantaged communities with access to water does not only constitute water apartheid, it negates the human rights principles of equality and non-discrimination. The principle of affirmative action is useful in responding to inadequate access to sufficient water by disadvantaged populations in post-apartheid South Africa.
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Murthy, Sharmila L., Mark Williams et Elisha Baskin. « The Human Right to Water in Israel : A Case Study of the Unrecognised Bedouin Villages in the Negev ». Israel Law Review 46, no 1 (mars 2013) : 25–59. http://dx.doi.org/10.1017/s0021223712000283.
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In the case 9535/06 Abadallah Abu Massad and Others v Water Commissioner and Israel Lands Administration (2011), the Israeli Supreme Court ruled that the right to water deserves constitutional protection under Israel's Basic Law: Human Dignity and Freedom. The Court also found support for the right to water under both international human rights law and Israeli statutory law. At the same time, the Court held that the right to water is not absolute but must be balanced against the rights of the state. The case was brought by residents of unrecognised Bedouin villages in the Negev, a desert region in southern Israel, who do not have access to household water. The Court found that in exercising its discretion regarding additional water access points, the Israeli Water Authority could consider the ‘illegal’ nature of these villages. Applying the criteria of reasonableness and proportionality, the Court ultimately affirmed the Israeli Water Authority's policy in unrecognised villages in the Negev. Despite this administrative deference, the invocation of constitutional and international human rights law raises the level of scrutiny that should be applied to a review of the Israeli Water Authority's exercise of discretion. The Court's opinion is coloured and influenced by long-standing land disputes between the indigenous Bedouin population and the State of Israel. Drawing on empirical research conducted in December 2011, the analysis attempts to place the Abu Massad decision in its proper historical and political context. The dispute over land in the Negev can be traced back to the days of the Ottoman Empire. More recent efforts by the Israeli government as set out in the Goldberg Report and the Prawer Plan, and the international community's response to these efforts, are discussed. In light of the history and current political context, it may be prudent for the Israeli Water Authority to re-assess the effectiveness of its existing water policy in unrecognised Bedouin villages in the Negev.
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Junger, Sawyer. « Water (What Are) We Doing ». Federalism-E 20, no 1 (17 avril 2019) : 75–84. http://dx.doi.org/10.24908/fede.v20i1.13198.
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Despite being a highly developed country with ample access to natural resources, many Indigenous communities in Canada currently face severe water insecurity. This paper will seek to answer the question of why such resource disparity exists in an otherwise secure Global North country. Through the lens of environmental racism, the political incentives that that have allowed this human rights violation to persist well into the 21st century will be examined. Ultimately, this paper concludes that Canada’s history of colonialism and federal framework concerning water structures be primary drivers in Indigenous water insecurity.
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Joseph, Samantha Rivera, Caroline Voyles, Kimberly D. Williams, Erica Smith et Mariana Chilton. « Colonial Neglect and the Right to Health in Puerto Rico After Hurricane Maria ». American Journal of Public Health 110, no 10 (octobre 2020) : 1512–18. http://dx.doi.org/10.2105/ajph.2020.305814.
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The humanitarian crisis revealed as a result of Hurricane Maria in Puerto Rico demonstrates a long history of US colonial neglect and human rights violations. This reality has made it especially difficult for the people of Puerto Rico to achieve their right to the highest attainable standard of health. The impacts are pervasive, resulting in disparities in Puerto Rican health, including water access and quality; wealth, including economic loss and disinvestment; and sustainability of the island’s resources. As a result of failed governmental protection and support, public health issues related to access to care, a failing infrastructure, and discrimination all contributed to crisis on the island. A human rights framework is necessary to assess the ongoing human rights violations of the quality of life to support millions of American citizens on the island. This essay utilizes a rights-based approach to reveal historical disenfranchisement of Puerto Rico before the storms, identifies the specific human rights violations that resulted from the US government’s lack of emergency preparedness and responsiveness, and demands rebuilding the island to reconcile all that has been lost.
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Kerstetter, Todd M., et John Shurts. « Indian Reserved Water Rights : The Winters Doctrine in Its Social and Legal Context, 1800s-1930s ». Western Historical Quarterly 32, no 2 (2001) : 242. http://dx.doi.org/10.2307/3650788.
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Sen, Maya. « Save the Supreme Court and democracy ». Science 377, no 6607 (12 août 2022) : 693. http://dx.doi.org/10.1126/science.ade2724.
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The US Supreme Court has been busy. It recently overturned a nearly 50-year-old precedent protecting abortion rights, upheld the right to carry guns outside the home, and hamstrung the Environmental Protection Agency’s ability to regulate emissions—all while signaling an aversion to contemporary empirical evidence and instead favoring “history and tradition.” Although the majority of Americans disagree with many of these decisions, the court has only just begun to reshape the country. When it resumes in October, the court will be poised to outlaw affirmative action, undercut federal regulations regarding clean water, and possibly allow state legislatures to restrict voting rights without oversight by state courts. What explains the court’s shift to an ideological extreme, and what can be done about it?
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Papacostas, C. S. « Traditional water rights, ecology and the public trust doctrine in Hawaii ». Water Policy 16, no 1 (24 septembre 2013) : 184–96. http://dx.doi.org/10.2166/wp.2013.182.
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This case study discusses the implications of imposing the doctrine of public trust to ground and surface waters within the State of Hawaii and its effects on traditional rights that had previously evolved based on common law. It traces the major events of the history of water rights and practices beginning with the system devised by the indigenous Hawaiian people prior to the adoption of the doctrine of public trust to the water resources of the State of Hawaii, applied with the most expansive interpretation of the public trust doctrine, encompassing both surface and subsurface waters and a wide assortment of protected uses and purposes. The major decisions that ensued when applying the doctrine, via legal prescriptions and administrative rules, are described. The implications of the interplay between scientific enquiry and research are presented, with legal precedent in the face of potential water shortages, competing uses, sensitivities to comprehensive resource management, considerations of ecological balance and protection of the rights of indigenous people. Many of these findings are transferable to other jurisdictions contemplating the adoption of public trust doctrine principles to their surface and ground waters.
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Miller, M. Catherine. « Water Rights and the Bankruptcy of Judicial Action : The Case of Herminghaus v. Southern California Edison ». Pacific Historical Review 58, no 1 (1 février 1989) : 83–107. http://dx.doi.org/10.2307/3641078.
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Miller, M. Catherine, et John Shurts. « Indian Reserved Water Rights : The Winters Doctrine in Its Social and Legal Context, 1880s-1930s ». American Journal of Legal History 44, no 4 (octobre 2000) : 513. http://dx.doi.org/10.2307/3113839.
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Harring, Sidney L., et John Shurts. « Indian Reserved Water Rights : The Winters Doctrine in Its Social and Legal Context, 1880s-1930s ». Journal of American History 88, no 2 (septembre 2001) : 680. http://dx.doi.org/10.2307/2675185.
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Datta, Ranjan, et William P. Marion. « Ongoing Colonization and Indigenous Environmental Heritage Rights : A Learning Experience with Cree First Nation Communities, Saskatchewan, Canada ». Heritage 4, no 3 (20 juillet 2021) : 1388–99. http://dx.doi.org/10.3390/heritage4030076.
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Ongoing colonization of the environment and natural resources has negatively impacted environmental heritage rights in many parts of the world, particularly Indigenous environmental rights and their relationships with the environment. For many Indigenous communities, the history of colonialism became a history of dispossession for Indigenous peoples, their land, water, traditional knowledge, and practices. This paper addresses the ongoing environmental heritage conflict between the Cree First Nation communities’ traditional environmental heritage practices and developmental energy projects in Saskatchewan, Canada. Drawing from a relational research framework, we (Cree First Nation Knowledge Keeper and settler scholar of color) shared our learning reflections from Cree First Nation communities on how energy projects (particularly pipeline leaks) have negatively impacted Indigenous land, water, and traditional heritage and practices. In this paper, we focus our learnings from the Cree First Nation communities on the following questions: Why and how do developmental projects neglect Indigenous heritage rights, particularly environmental heritage rights? What can be or should be done about it? What are our responsibilities as researchers and educators? In this study, we learned about traditional-knowledge-based consultation and solutions to the ongoing challenges of incorporating Indigenous interests into environmental heritage to foster Indigenous environmental heritage rights. We also highlight how Indigenous perspectives on their environmental heritage rights are interconnected with Sustainable Development Goals (SDGs) from our learning reflections, particularly Goal 3, Good Health and Wellbeing, Goal 10, Reduced Inequalities, Goal 13, Climate Action, Goal 15, Life on Land, and Goal 16, Peace, Justice, and Strong Institutions.
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Rubio Pérez, Laureano M. « Agua, regadío y conflicto social en la provincia de León durante la Edad Moderna ». Estudios humanísticos. Geografía, historia y arte, no 19 (9 février 2021) : 87. http://dx.doi.org/10.18002/ehgha.v0i19.6751.
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<span>The social struggle for water has marked the history of the villages of León, the provence of León being the provence with greater hydro resources. From the Midelle Ages to the s. XX León villages and their respective councils were in control of the water not only for human consumption but also for watering. Agriculture dependant on watering was developed during the Middle Ages, in the irrigated plain around the river Orbigo, which resulted in the construction of many dams and watering canals know as "zayas", "zequias" on "molderas". The defence of historical rights over water was one of the main commitments of the rural communities of León clown through its history.</span>
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Penati, Beatrice. « Continuities and Novelties in Early Soviet Law-Making about Central Asian Water ». Journal of the Economic and Social History of the Orient 62, no 4 (16 mai 2019) : 674–730. http://dx.doi.org/10.1163/15685209-12341491.
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AbstractThis article analyses the drafting process and underlying principles of early Soviet legislation on water rights and taxation on water in Central Asia. While the new Bolshevik ideology provided an ideal justification to enact the State-centric, technocratic principles implicit in the Tsarist Turkestan “water law” of 1916, it took a very long time for the Soviet regime to produce a comprehensive legislation that would explicitly replace the local pre-existing customs which had survived in the colonial period. This is surprising especially in the light of the continuity in personnel in the government agencies that governed land and water resources across the 1917 revolution. Two possible reasons for this slowness were the early Soviet “decolonisation” imperative and the inertial persuasion that the legislator could not fully grasp the intricacies of water-related rights and duties.
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McFerrin, Randy, et Douglas Wills. « High Noon on the Western Range : A Property Rights Analysis of the Johnson County War ». Journal of Economic History 67, no 1 (mars 2007) : 69–92. http://dx.doi.org/10.1017/s0022050707000034.
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Wyoming's Johnson County War of 1892 is the historical basis of later popular depictions of the West as violent, and it influenced the development of Wyoming. Many see this era as the end of the open range system and the ascendancy of stock ranching and farming. Popular depiction argues that the event was an act of vigilantism of large foreign-owned firms against small individual settlers. We argue that the war was a conflict of property rights systems and use a model developed by Alston, Libecap, and Mueller to explain why violence broke out in Johnson County in 1892.Richer (the Rancher): We made this country. Found it and we made it … Made a safe range out of this. Some us died doin' it. We made it. Then people move in who never held a rawhide through the old days. Fenced off my range. Fenced me off from water. Some of them like you paw ditches, and take out irrigation water, and so the creek runs dry sometimes, and I got to move my stock because of it. And you say we have no rights to the range.Stark (the Homesteader): You talk about rights. You think you got the right to say that nobody else has got any. Well, that ain't the way the government looks at it. Shane [Paramount Pictures, 1953]
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Walker, Stephen A., et Keri-Ann C. Baker. « The Confederated Salish and Kootenai Tribes Fight for Quantified Federal Water Rights in Montana : A Contentious History ». Journal - American Water Works Association 105, no 6 (juin 2013) : 12–16. http://dx.doi.org/10.5942/jawwa.2013.105.0086.
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Ingold, Alice. « Commons and Environmental Regulation in History : The Water Commons Beyond Property and Sovereignty ». Theoretical Inquiries in Law 19, no 2 (14 août 2018) : 425–56. http://dx.doi.org/10.1515/til-2018-0023.
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Abstract Do commons outline a different way of considering historical forms of environmental regulation? Might they represent a sort of alternative, apart from the usual model of environmental law which rests on public authorities and forms of restrictions of private rights? In order to grasp the complex relationship between environmental law and history, it is essential to pay attention to the state’s radical transformation in the nineteenth century, especially the separation (and separate definition) of administration and the judiciary. This article aims to historicize the commons, but also the state in order to escape the projected shadow of public administration in considering environmental regulation. It looks into the commons’ ambiguous relations with history. A first point is to critically reconsider the opposition between commons and enclosure, inherited from Hardin’s thesis. A second point consists in deconstructing mythical accounts of stateless commons. This is done by relying on water commons — which are also a key example in Ostrom’s theory. Early histories of water commons by commoners provided the opportunity for a first version of commons’ history without the state. This ‘discovery’ of the water commons presented them as a pertinent response to the aporia of the private property system, but also to the dangers of keeping resources available to the administrative state, which appeared ill-suited to managing scarce natural resources. This positive development translated into a series of fascinating inquiries, undertaken from the 1800s to the 1880s in several places across Europe. They gave rise to the very first ethnogeographic descriptions of the commons’ functioning. It was in the context of very acute conflicts over access to the resource that this use of history became enshrined. The historical longevity of these irrigators’ communities was highlighted in order to defend their historical and customary rights against the administrative state’s will to regulate all water courses, which was more favorable to new users in water sharing. The resource’s ecological limit thus served to set boundaries to the administration’s intervention. Scarcity was a way to conceive of the resource as unavailable both for property and for state sovereignty. Protecting environmental resources through the courts was a way of conceiving a regulation based on the resource’s specific status, rather than on the will of subjects — whether private, collective or public.
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Kanazawa, Mark. « Investment in private water development : Property rights and contractual opportunism during the California Gold Rush ». Explorations in Economic History 43, no 2 (avril 2006) : 357–81. http://dx.doi.org/10.1016/j.eeh.2005.04.006.
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Strang, Veronica. « Making Waves : The Role of Indigenous Water Beings in Debates about Human and Non‐Human Rights ». Oceania 93, no 3 (novembre 2023) : 216–40. http://dx.doi.org/10.1002/ocea.5375.
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ABSTRACTRejecting nature‐culture dualism, contemporary anthropology recognises the mutually constitutive processes that create shared human and non‐human lifeworlds. Such recognition owes much to ethnographic engagement with diverse indigenous cosmologies many of which have, for millennia, upheld ideas about indivisible worlds in which all living kinds occupy a shared ontological space and non‐human species and environments are approached respectfully, with expectations of reciprocity and partnership. As many societies confront the global chaos caused by the anthropocentric prioritisation of human interests, anthropologists and indigenous communities are therefore well placed to articulate alternative models in which the non‐human domain is dealt with more equitably and inclusively. This paper is located comparatively in long‐term ethnographic research with indigenous communities in Australia, alongside the Mitchell River in North Queensland and the Brisbane River in South Queensland. It draws more specifically on involvement in legal claims for water rights by Māori iwis in New Zealand; in land claims by the Kunjen language group in Cape York; and in a recent ‘sea country’ case brought against a major multi‐national by the Tiwi Islanders in Australia's Northern Territory. It also makes use of a major comparative study of water beings in diverse cultural and historical contexts, and considers the central importance of water beings such as Māori taniwha and the Australian Rainbow Serpent in such legal conflicts, and in broader debates about human and non‐human rights. Like other water deities around the world, these beings personify the generative (and potentially punitive) powers of water and its co‐creative role in shaping human and non‐human lives. They are resurfacing today with an important representational role in contemporary conflicts over land and water.
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McCurdy, Charles W. « Book Review : Schorr, The Colorado Doctrine : Water Rights, Corporations, and Distributive Justice on the American Frontier, by Charles W. McCurdy ». Pacific Historical Review 83, no 1 (1 février 2014) : 140–41. http://dx.doi.org/10.1525/phr.2014.83.1.140.
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Middelkoop, Laurelin. « An Introduction to the Smaller Bodies of Water in Hugo Grotius’s Legal Theory ». Grotiana 39, no 1 (18 décembre 2018) : 97–103. http://dx.doi.org/10.1163/18760759-03900005.
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Around the same time as his writing of De iure belli ac pacis, Hugo Grotius wrote a short tract: Introduction to the jurisprudence of Holland. He was the first to offer a systematic account of the substantive law of Holland, with a specific focus on rights over laws. I propose that by drawing a comparison between the Introduction and his other major law treatises, the key elements and differences of his argument in Mare liberum become clearer. Secondly, it shows a different side of Grotius as a legal theorist, one concerned with smaller legal issues surrounding property relations in Holland, where potential conflicts stemming from water damage are particularly common and likely. By focusing on how Grotius handles categories of smaller bodies of water, in Introduction but also in ibp and De iure praedae, his understanding of what makes some water susceptible to ownership is drawn out.
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Gervasio, Nicole. « The Ruth in (T)ruth : Redactive Reading and Feminist Provocations to History in M. NourbeSe Philip’s Zong ! » differences 30, no 2 (1 septembre 2019) : 1–29. http://dx.doi.org/10.1215/10407391-7736021.
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This essay coins the concept of redactive reading to describe a method for interpreting women’s absences in racialized and gendered histories of collective trauma through M. NourbeSe Philip’s 2008 poem, Zong! In 1781, the Zong crew murdered as many as 150 African captives following a water shortage and tried to claim insurance on victims. Gregson v. Gilbert denied plaintiffs the right to profit from murder without indicting anyone for the atrocity. This diasporic Caribbean poet revives mythological figures—notably, the biblical Ruth—to expose Western law and the English language as insidious tools of epistemic violence. In naming three archetypes that reincarnate “ruth”— the rebellious slave, the lady of society, and the raped whore—this article interrogates the white, patriarchal, imperialist imaginary behind the massacre. Redactive reading is a strategy for reading femininity as a structuring absence on which canons of exclusion—from legal rights to representational politics and the sympathetic imagination—are built.
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Hackenberger, Benjamin, et Char Miller. « Watershed Politics : Groundwater Management and Resource Conservation in Southern California’s Pomona Valley ». Journal of Urban History 46, no 1 (8 mars 2017) : 50–62. http://dx.doi.org/10.1177/0096144217692986.
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California’s Sustainable Groundwater Management Act (SGMA) of 2014 established oversight of the state’s groundwater basins and subbasins. The history of water rights in the Pomona Valley, east of Los Angeles, suggests that local control of water will not be a straightforward process. From the mid-nineteenth century, white settlers in this valley battled for control of its surface and groundwater. After decades of legislation and controversy, the Pomona Valley Protective Association (PVPA) emerged. Its membership included agricultural interests, communities, and mutual water companies in a scheme to capture storm water flowing off the San Gabriel Mountains and percolate it via spreading fields to recharge groundwater supplies. This cooperative venture combined water conservation with flood control, a pattern that might be replicated in the coming years as other California water basins struggle to comply with SGMA.
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Abdullah, Shahino Mah. « Intelligent Robots and the Question of their Legal Rights : An Islamic Perspective ». ICR Journal 9, no 3 (15 juillet 2018) : 394–97. http://dx.doi.org/10.52282/icr.v9i3.108.
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Ismail al-Jazari was a prominent inventor in the Islamic world and is known today as the father of robotics. His magnum opus, The Book of Knowledge of Ingenious Mechanical Devices, gathered together instructions for building 100 devices he had designed. He invented a variety of water-rising machines, clocks, and humanoid automata, such as a drink-serving waitress, a hand-washer with flush mechanisms, a peacock fountain with automated servants, and a musical robot band. The latter was an early programmable automaton invented in 1206, making al-Jazari the first person to introduce the concept of programming and automation.
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Fernandez-Wulff, Paula, et Christopher Yap. « The Urban Politics of Human Rights Practice ». Journal of Human Rights Practice 12, no 2 (juillet 2020) : 409–27. http://dx.doi.org/10.1093/jhuman/huaa019.
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Abstract Social movement organizations are increasingly developing human rights strategies at the municipal level, particularly in European urban contexts. Yet critical scholarly work on human rights has overlooked two related realities: non-state-centric, social movement use of the tools and discourses of rights, and the strategic participation of citizen groups in municipal urban policy spaces. This article builds on critical human rights theory through the experiences of three grassroots organizations claiming and exercising social rights in urban policy spaces of Barcelona, Valladolid, and London. It engages with a number of scholarly critiques of the state and human rights, particularly focusing on those critiques that question their compatibility with autonomy, democracy, and self-government at the local level. While the value of such critical literature is undeniable, we show how urban grassroots practices and experiences with social rights-based strategies in the context of housing, water, and participation can circumvent some of these critiques on the ground, pointing at new avenues for critical legal research when infused with other critical discourses, including urban politics.
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Caribou, Jeremie. « Born the Year after the Flood ». South Atlantic Quarterly 118, no 4 (1 octobre 2019) : 921–27. http://dx.doi.org/10.1215/00382876-7825738.
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This essay reveals the true history of my people. It demonstrates our highly developed social, spiritual, and political governance structures. Our use of the water systems underscores the ecological integrity of sustainable development that we fostered for thousands of years. Yet, due to colonization and oppressive policies designed to destroy Indigenous identity, culture, and history, Indigenous knowledge and governing systems have been put in jeopardy. Colonial policies intended to dispossess and oppress First Nations by depriving us from Indigenous lands, controlling all aspects of our lives, which created dependence by limiting Indigenous peoples’ abilities to provide for themselves. Furthermore, these policies had no Indigenous input or representation and were designed to eradicate or eliminate Indigenous rights, titles, and the right to self-determination to easily gain access to Indigenous lands for development and industrialization, such as in the case of the massive hydroelectrical dams that continue to alienate my home community today.
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Mateu, Alexandre, Bilal Sarr et Josep Torró. « Una disputa por agua de riego en el Šarq al-Andalus : las alquerías de Ṭurruš y Qarṣ (Sagunto), 619 H/1222 ». Historia Agraria Revista de agricultura e historia rural, no 91 (27 novembre 2023) : 7–36. http://dx.doi.org/10.26882/histagrar.091e09m.
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Water from the Palancia River has been used to irrigate crops since the Middle Ages through a great canal known as the Séquia Major de Sagunt. This channel is mentioned in the only Valencian document prior to Christian conquest in the thirteenth century: a friendly agreement between the villages of Ṭurruš and Qarṣ, inscribed in Islamic law, which aimed to resolve the ongoing dispute between them regarding how water how water should be distributed. The document initiated a field study based on hydraulic archaeology that made it possible to locate Qarṣ huerta farmlands and the structures that made up the system, revealing how the water distribution and the application of usage rights by the communities worked. From the study we concluded that the Qarṣ village did not build the channel but was added to its irrigation system later. As a result, it only had rights to surplus water.
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Mena-Vásconez, Patricio, Rutgerd Boelens et Jeroen Vos. « Roses : the latest chapter in the conflicted history of controlling irrigation water in the Ecuadorian Andes ». Water History 12, no 2 (juin 2020) : 205–26. http://dx.doi.org/10.1007/s12685-020-00250-8.
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Abstract The history of the Pisque watershed in the Ecuadorian Andes is one of local livelihoods and resources being disrupted by external actors: Incas in Pre-Columbian times, Spaniards during the era of Conquest and Colonisation, and, during the Republic, white-mestizo elites followed by international businesses. Local communities have suffered from, rebelled against, and adapted to adverse, ever-changing socioeconomic, environmental, and political conditions. We trace this history from a political–ecological standpoint, applying the Echelons of Rights Analysis framework and the hydrosocial territory concept to examine conflicts over resources, norms, authorities, and discourses related to irrigation water. The centuries-old saga of battles over water in Pisque helps us understand the latest chapter in the story: the onset of rose agribusinesses, inheritors of the privileges of colonial haciendas. The recent arrival (ca. ten years ago) of small locally managed greenhouses adds complexity to the “food vs. flowers” dichotomy. It also makes it difficult to predict the effects on local attitudes to food security, water justice, and sovereignty.
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Kousser, J. Morgan. « Response to Commentaries ». Social Science History 24, no 2 (2000) : 443–50. http://dx.doi.org/10.1017/s0145553200010257.
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The often kind and always interesting comments of Larry Griffin, David James, and Bradley Palmquist touch different aspects of Colorblind Injustice. Let me respond to them, in effect, in chronological order, according to which periods of history illuminate the comments the most. Palmquist points out that institutions like the Supreme Court may suddenly reverse their decisions, as the Court did in the !“switch in time that saved nine” after FDR had proposed to pack the body in 1937, or as it over-turned Plessy v. Ferguson (1896) in Brown v. Board of Education (1954). But as the Brown example suggests, it often takes a long time to overturn precedents, and that is the case with minority voting rights, as well. It was 25 years after Richard Nixon’s “southern strategy,” 24 years after Earl Warren ceased to be Chief Justice, and 23 years after Nixon proposed to water down the Voting Rights Act before the overwhelmingly Republican Supreme Court dared to seriously undermine African American and Latino political rights. Even then, they hesitated to attack the Voting Rights Act itself directly. Major institutions are tough in two senses: their policies often have large impacts, and the institutions, including those as tiny as the nine-member Supreme Court, are difficult to change.
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Datta, Ranjan. « Implementation of Indigenous environmental heritage rights : an experience with Laitu Khyeng Indigenous community, Chittagong Hill Tracts, Bangladesh ». AlterNative : An International Journal of Indigenous Peoples 15, no 4 (7 novembre 2019) : 309–20. http://dx.doi.org/10.1177/1177180119885199.
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It is undeniable that the global environmental crisis disproportionally affects individuals and communities, particularly Indigenous communities are among those most deeply affected. The history of Chittagong Hill Tracts Bangladesh colonialism is a history of the dispossession of Indigenous peoples of the lands that they and their ancestors have inhabited and cared for and of the imposition on them of destructive “development” policies. This paper addresses the ongoing environmental heritage conflict between the Laitu Khyeng Indigenous community’s traditional environmental management practices and state development projects in Chittagong Hill Tract. Drawing from a relational research methodology, this study shows how the nation-state controls Indigenous land, water, and management practices through multinational agencies. This paper asks, “In CHT, why must Indigenous cultural heritage be connected to the past, present, and future to invoke state legal protection?” and “How can we move toward a more rights-based approach to heritage management?”
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Lockman, Martin, Evan Bianchi, Sean Di Luccio et Vincent Nolette. « The Private Litigation Impact of New York’s Green Amendment ». Columbia Journal of Environmental Law 49, no 2 (10 mai 2024) : 357–424. http://dx.doi.org/10.52214/cjel.v49i2.12631.
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The increasing urgency of climate change, combined with federal environmental inaction under the Trump Administration, inspired a wave of environmental action at the state and local level. Building on the environmental movement of the 1970s, activists have pushed to amend more than a dozen state constitutions to include “green amendments”—self-executing individual rights to a clean environ-ment. In 2022, New York activists succeeded, and New York’s Green Amendment (the NYGA) now provides that “Each person shall have a right to clean air and water, and a healthful environment.” However, the power of the NYGA and similar green amendments turns on judicial interpretations of their scope. In the first decision to reach the issue, a New York trial court held, with little analysis, that the NYGA provides no private rights against private polluters. This conclusion could severely limit the reach and significance of state envi-ronmental rights. This article examines a single question: Does the NYGA grant private rights that are enforceable against private parties? In answering this question, we examine the 50-year history of private litigation under green amendments, the substance and historical context of the NYGA, and the broader structure of New York’s constitution and environmental law. We conclude that the New York trial court got it wrong, and that the NYGA does provide a private cause of action against private parties. We further assess the indirect impact of constitutional envi-ronmental rights on private litigation, and conclude that the NYGA will have an enormous impact on private litigation generally, irrespective of whether New York’s courts reject private litigation under the NYGA. This discussion provides a novel evaluation of the shadow that consti-tutional changes cast on non-constitutional law.
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Williams, David V. « Ko Aotearoa Tenei : Law and Policy Affecting Maori Culture and Identity ». International Journal of Cultural Property 20, no 3 (août 2013) : 311–31. http://dx.doi.org/10.1017/s0940739113000143.
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AbstractIn July 2011 what is commonly known as the Wai 262 Report was released. After a protracted series of hearings, dating back to 1997, the New Zealand Waitangi Tribunal has at last reported on the some of the wide range of issues canvassed in those hearings. Three beautifully illustrated volumes contain a large number of recommendations in what is described as a whole-of-government report. This article notes earlier comments on Wai 262 in this journal and reframes what is often known as the ‘Maori renaissance’ from which this claim emerged in 1991. The Tribunal decided not to discuss historical aspects of the evidence presented, except for the Tohunga Suppression Act 1907, as this was not ‘an orthodox territorial claim’ allowing the Crown to negotiate with iwi for a Treaty Settlement. Of great significance for this readership, the Tribunal staunchly refused to entertain any discussion of ‘ownership’ claims to Maori cultural property. Rather, the Tribunal focussed on ‘perfecting the Treaty partnership’ between the two founding peoples of Aotearoa New Zealand. Its report is concerned with the future and with the Treaty of Waitangi when the nation has moved beyond the grievance mode that has dominated the last quarter century. The partnership principles are pragmatic and flexible. Very seldom indeed can Maori expect to regain full authority over their treasured properties and resources. The eight major topics of the chapters on intellectual property, genetic and biological resources, the environment, the conservation estate, the Maori language, Maori knowledge systems, Maori medicines and international instruments are briefly summarised. The author is critical of this Tribunal panel's timidity in refusing to make strong findings of Treaty breach as the basis for practical recommendations—the approach usually adopted in previous Tribunal reports on contemporary issues. The article then notes that the Wai 262 report featured significantly in 2012 hearings on Maori claims to proprietary rights in freshwater resources. It featured not to assist the freshwater claimants, however, but as a shield wielded by the Crown to try to deny Maori any remedy.The low bar of partnership consultations encouraged by the Wai 262 report was congenial for Crown counsel seeking to undermine Maori claims to customary rights akin to ‘ownership’ of water. The 2012 Tribunal panel, under a new Chief Judge, restrictively distinguished the Wai 262 report and found in favour of Maori rights to water. In conclusion, the article notes the irony of a government following neo-liberal policies in pursuing a privatisation strategy and yet relying on ‘commons’ rhetoric to deny Maori any enforceable rights to water; and of indigenous people arguing for ownership property rights to frustrate that government's policies.
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Han, YooJin. « Implications and Repercussions of the Dobbs Decision on Minority Rights ». Korean Association of International Association of Constitutional Law 29, no 2 (31 août 2023) : 69–110. http://dx.doi.org/10.24324/kiacl.2023.29.2.69.
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On June 24, 2022, the United States Supreme Court effectively removed the right to abortion from the list of fundamental rights under the U.S. Constitution in Dobbs v. Jackson Women's Health Organization. The right to abortion had been considered a core right, derived from the Due Process Clause of the Fourteenth Amendment since its affirmation in Roe v. Wade in 1973, but it lost its constitutional value and stature in the U.S. federal legal system nearly half a century later. The debate and conflict surrounding the Dobbs decision echo the social unrest that the Roe decision, which first recognized abortion rights, initially induced.
This article does not engage directly with the varied and contentious positions on abortion that rest on religious, moral, and political grounds. Rather, it seeks to discuss the impact of the Dobbs decision on the rights of minorities from the perspective of constitutional theory and judicial policy. The Dobbs decision not only directly affects the lives and rights of women in the United States, but it also potentially represents a critical turning point in the rights of minorities in general when viewed in light of the legal principles it espoused. Based on the Fourteenth Amendment (Due Process Clause, Equal Protection Clause), the U.S. Supreme Court has discovered a series of individual liberties and rights that are not explicitly stipulated in the constitutional text through interpretation, recognizing these as fundamental rights deserving of special constitutional protection. Restrictions or discrimination relating to fundamental rights are subjected to a high-intensity judicial review standard and are strictly controlled. The method and criteria for recognizing fundamental rights are extremely important in activating the human rights advocacy function of the U.S. Supreme Court and have a profound impact on minorities, who can only expect judicial protection as they cannot secure respect for their values and lifestyles in the political process governed by majority rule. The Supreme Court has long used ‘history and tradition’ as a key criterion in confirming fundamental rights, but the Dobbs decision applied this criterion in a more conservative direction. As a result, the decision curtailed the progressive trend observed in the fundamental rights analysis in the 2015 Obergefell v. Hodges decision, leading to what can be seen as a counter-revolutionary conclusion - ‘evicting’ the right to abortion from the list of fundamental rights. From this point, the Dobbs decision can be assessed as a rupture in the constitutional progress that the Supreme Court has made based on the Fourteenth Amendment's fundamental rights analysis, as well as a fracture in the role and function of advocating for minority rights that the Supreme Court has emphasized.