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Moro, Eleonora <1991>. "Water rights and the human rights to water: from principles to practice". Master's Degree Thesis, Università Ca' Foscari Venezia, 2016. http://hdl.handle.net/10579/7924.
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L'acqua è fondamentale per la vita dell'uomo. Nonostante sia un elemento semplice, porta con se' un grande valore economico, politico e sociale. Da quando l'acqua è entrata all'interno del diritto internazionale, le norme si sono principalmente concentrate sul regolamento del suo uso in termini di navigabilità. Sono negli ultimi anni si è riconosciuto, oltre il diritto all'acqua, il bisogno di ampliare questa prospettiva. L'uso dell'acqua come arma nei conflitti tra stati, come merce di scambio e di arricchimento nell'economia e come elemento forte nelle discriminazioni di genere manca ancora oggi di un'adeguata regolamentazione. Attraverso l'analisi di convenzioni, sentenze e case studies, l'obiettivo di questa tesi è quello di analizzare le vigenti norme del diritto internazionale relativo all'acqua e di mettere in luce le difficoltà che esistono nella formulazione e nell'attuazione di tali normi in alcuni settori specifici, in particolare quelli dei conflitti, dell'economia e della questione di genere.
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Robbie, Jill Jean. "Private water rights in Scots law". Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7796.
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This thesis examines the rights of landowners in Scotland in relation to water flowing through their land. In the first part of the thesis, it is argued that water is a communal thing which is incapable of ownership (or other real rights) in its natural state. Instead, the only right which anyone can have, and which everyone indeed does have, to water in its natural state is the right to obtain ownership through appropriation. In practice, however, those who own the beds of bodies of water such as rivers and lochs have the best opportunity to use water and exercise the right of appropriation due to their ability to access water freely. The second part of the thesis then examines who owns the land beneath water including the sea-bed, foreshore and alveus of rivers and lochs. The law regarding changes to boundaries between dry land and land covered by water is also investigated. The third and most substantial part of the thesis analyses the restrictions to which owners of the banks and beds of rivers and lochs are subject through common interest. This doctrine comprises a set of (generally) reciprocal rights and obligations which regulates the use of water by landowners. Common interest evolved as a result of the burgeoning use of water power between 1730 and 1830. Due to the limited material available from Roman law and the institutional writers, the courts had to experiment with various theories to resolve the disputes with which they were confronted. Following the establishment of the doctrinal foundation of common interest – in which Lord Kames had a pivotal role – there was rapid development of the content of the rights and obligations of landowners with respect to water over the 18th and 19th centuries. In light of the preceding explanation of the historical background, the final chapter of the thesis provides a restatement of the modern law of common interest. This thesis has adopted a historical and, to a lesser extent, comparative approach with the aim of providing a comprehensive study of a distinct area of water law and water rights in Scotland.
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Hendriks, Jan, i Rutgerd Boelens. "Accumulation of water rights in Peru". Pontificia Universidad Católica del Perú, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/80114.
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En Latinoamérica, la gobernanza del agua se enfrenta con el problema del aumento de la demanda de recursos hídricos, la creciente variabilidad hidrológica en un contexto de cambio climático, y la contaminación que sigue proliferándose. Por lo tanto, se observa una creciente escasez de agua, en cantidad y calidad, generando competencia y conflictos entre los actores involucrados. El problema coincide con el urgente temario internacional de la concentración de tierra, que está muy entrelazado con la concentración del agua en pocas manos. La globalización y un clima político neoliberal facilitan que actores poderosos acumulen derechos y volúmenes de agua a expensas de usuarios de menor poder. Este documento tiene por objetivo examinar el contexto nacional poniendo atención especial en la acumulación en casos ejemplares de la costa peruana. Se basa en revisión de literatura, informes y archivos pertinentes. Concluye que la distribución injusta de tierra y agua, a expensas de familias rurales y de territorios comunales e indígenas, constituye una grave amenaza para la sostenibilidad ambiental, la seguridad hídrica y la seguridad alimentaria.In Latin America, water governance is facing the problem of rising demand for water resources, increased hydrological variability in a context of climate change, proliferating contamination and thus —in general— increasing scarcity of water in terms of quantity, quality, and opportunity. This creates competition and conflicts among stakeholders. The issue coincides with the urgent international problem of concentration of land, which is heavily intertwined with the concentration of water in the hands of the few. Globalization and a neoliberal political climate facilitate that powerful actors accumulate water rights and volumes at the expense of less powerful water users. This paper examines some exemplary situations in Peru. It is based on literature review, reports and archival research. The paper concludes that the unfair distribution of land and water, at the expense of rural families, communities and indigenous territories, constitutes a serious threat to environmental sustainability, water security and food security.
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Lacher, Laurel J. "Response functions in the critical comparison of conjunctive management systems in two western states". Thesis, The University of Arizona, 1992. http://etd.library.arizona.edu/etd/GetFileServlet?file=file:///data1/pdf/etd/azu_e9791_1992_545_sip1_w.pdf&type=application/pdf.
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Walnycki, Anna Maria. "Rights on the edge : the right to water and the peri-urban drinking water committees of Cochabamba". Thesis, University of Sussex, 2013. http://sro.sussex.ac.uk/id/eprint/47224/.
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This thesis examines how constitutional reforms relating to the right to water in Bolivia have affected water provision in peri-urban Cochabamba. This multi-sited ethnography explores how the right to water has framed reforms to the Bolivian water sector, how and why the right to water has been contested in Bolivia, the impact of reforms to the water sector on peri-urban water committees and emerging challenges and opportunities for sustainable water provision in peri-urban Bolivia. It demonstrates that despite the high profile role played by Bolivia in advancing the right to water at the international and national level, in practice the right to water continues to be a fairly nebulous concept. There is a disconnect between Bolivia's international stance on the human right to water and national reforms around the right to water. This thesis contends that the right to water is a banner under which the water sector has been reformed since the election of Evo Morales in 2006. Even though the constitution states that everyone has the right to water, in practice water often continues to be provided through community providers such as drinking water committees (DWCs), largely due to the failure of municipal water provision. Reforms and policy have focussed on (re)nationalising the sector and establishing new institutions to regulate and develop diverse water providers such as peri-urban DWCs. Through detailed ethnographic examination of peri-urban Cochabamba, the thesis demonstrates that activists and community-water providers in rural and peri-urban areas have contested reforms linked to the right to water. They have contended that reforms have the potential to undermine community water systems, and furthermore, that the state has failed to guarantee basic human rights and service provision. To date, the state and non-state initiatives to enhance the sustainability of DWCs have focussed on certain elements of sustainability, specifically protecting the aquifer and enhancing institutional sustainability of DWCs. By drawing on the experience and development of one DWC, this thesis also explores further elements that present challenges and opportunities to enhance sustainable water provision in peri-urban areas, namely building equitable access, and the reconciling of local power relations.
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Moyo, Khulekani. "Water as a human right under international human rights law : implications for the privatisation of water services". Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80062.
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Thesis (LLD)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: The worsening scarcity of fresh water resources has led to an increasing number of people without sustainable access to safe water across the globe. Water privatisation has been presented as the panacea to addressing the global water crisis. Privatisation of water has heightened the impetus for the explicit recognition of water as a human right. This dissertation seeks to establish the legal status of the right to water under international human rights law. The dissertation further attempts to ascertain the scope and normative content of such a right. In order to answer these questions, this dissertation carries out a detailed analysis of the possible legal basis, scope and normative content of the right to water under international human rights law. The principal question that arises is how a State can ensure compliance with its human rights obligations in the event of involvement of non-State actors such as private corporations in the management and distribution of water services. This dissertation‘s main hypothesis is that although privatisation of water services does not relieve the State of its legal responsibility under international human rights law, such privatisation imposes certain obligations on private actors consistent with the right to water. The dissertation goes beyond articulating normative considerations and looks at implementation at the national level by highlighting good practices on the practical implementation of the right to water consistent with the normative standards imposed by the right. The dissertation‘s key contribution is its development of an accountability model to ensure that States and private actors involved in the provision of water services have clearly designated roles and responsibilities consistent with the human right to water. If properly implemented, the model has the potential to give greater specification to the normative commitments imposed by the right to water in privatisation scenarios.
AFRIKAANSE OPSOMMING: Die verergerende skaarste van vars water bronne het aanleiding gegee tot die toename in die hoeveelheid mense sonder volhoubare toegang tot veilige water oor die hele aarde. Dit word aangevoer dat die privatisering van water die wondermiddel is om die globale water krisis aan te spreek. Die privatisering van water het aanleiding gegee tot 'n verskerpte aandrang om water uitdruklik te erken as 'n mensereg. Hierdie proefskrif poog om die regsstatus van die reg tot water te vestig binne die raamwerk van internasionale menseregte. Die proefskrif probeer verder om vas te stel wat die omvang en normatiewe inhoud van so 'n reg sal wees. Vervolgens voltrek hierdie proefskrif 'n uitvoerige analise van die moontlike regsbasis, omvang en normatiewe inhoud van die reg tot water binne die raamwerk van internasionale menseregte. Die vernaamste vraag wat opduik is hoe 'n Staat kan verseker dat sy menseregte verpligtinge nagekom word waar nie-Regeringsrolspelers soos korporasies betrokke is by die bestuur en distribusie van waterdienste. Die kern hipotese van hierdie proefskrif is dat alhoewel die privatisering van waterdienste nie die Staat verlig van sy regsverpligtinge in terme van internasionale menseregte nie, sodanige privatisering sekere verpligtinge aan privaatrolspelers voorskryf wat in lyn is met die reg op water. Hierdie proefskrif gaan verder as die artikulering van normatiewe oorwegings en kyk ook na die implementering op nasionale vlak deur goeie praktyke uit te lig met betrekking tot die prakiese implementering van die reg tot water wat konsekwent is met die normatiewe standaarde wat die reg voorskryf. Die kern bydrae van hierdie proefskrif is die ontwikkeling van 'n aanspreeklikheismodel wat versker dat Regerings en privaat rolspelers wat betrokke is by die voorsiening van waterdienste duidelik aangewysde funksies en verantwoordelikhede het wat in lyn is met die reg tot water. Indien hierdie model behoorlik implementeer word, het dit die potensiaal om grooter spesifikasie te gee aan die normatiewe verpligtinge wat deur die reg tot water voorgeskryf word in privatiserings scenarios.
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Fantin, Alice <1989>. "HUMAN RIGHTS AND CLIMATE CHANGE: IMPLEMENTING THE RIGHT TO WATER IN A TIME OF GLOBAL WATER CRISIS". Master's Degree Thesis, Università Ca' Foscari Venezia, 2019. http://hdl.handle.net/10579/14557.
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The world is facing a worrisome water crisis. Countries worldwide are experiencing situations of water stress that is putting unprecedented pressure on States’ ability to ensure their populations with sufficient water supplies. A series of factors is exacerbating the current scenario and prospects for the future of the Planet in terms of water availability are indeed pessimistic. Water resources around the world are brought under strain due to demographic growth, urbanization and consequent increasing demand for water. In addition to these factors, climate change is intensifying its adverse effects on water resources and the world population. This thesis tries to understand how climatic variabilities are impacting on the recently recognized human right to water and which measures and policies can be taken at international level to ensure the respect of this right in the context of a global water crisis and climate change hazards. The first chapter will present an overview of the actual situation in terms of water crisis by exploring water availability worldwide and defining water scarcity and stress experienced by regions of the world. The second chapter will assess the legal framework regulating the human access to water and the steps at international level that led to the recognition of the Human Right to Water in 2010, together with its normative content and obligations for States. The third chapter will then turn to examine the real threats on human rights posed by climate change, particularly focusing on its adverse effects on the enjoyment of the human right to water. Finally, the fourth and last chapter will explore the current debate on the relationship between human rights and climate change regimes, turning thus to look at possible measures and solutions that can be taken by the international community to address emerging challenges.
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Movik, Synne. "Fluid rights South Africa's water allocation reform". Thesis, University of Sussex, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488584.
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The perceived threat of water scarcity and the rise of the integrated water resources management paradigm have prompted policy reforms worldwide, with South Africa's 1998 Water Act being regarded as particularly progressive.
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Mbano-Mweso, Ngcimezile Nia. "Realising the human right to water in Malawi through community participation". Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5090.
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Doctor Legum - LLDLack of universal access to water is one of the fundamental failures of development in the 21st century. Women not only disproportionately bear the burden of lack of safe water but also have the least opportunity to take part in decisions regarding water services. This is a manifestation of the global water crisis caused by unequal relations of power, poverty and inequality related to gender, geographical location, class and race. Those who lack power find themselves at the peripheral of advantage from governance of water services. This thesis thus argues that the iconic slogan 'water is life' must be understood in both a biological and social sense. The social sense entails participatory living of citizens as equals in a community with others. The human right to water guarantees such living by recognising people as agents who must have power to affect outcomes through genuine participation. Participation is not a new thing especially in development approaches such as market-centred approaches of 1980s were different forms of participation in projects and programmes by states and development partners were advanced. These approaches resulted in participation as a tyranny, a mechanism of co-optation and legitimising the exercise of unjust power that perpetrates inequalities by sidelining the majority. The thesis identifies capability approach and the human right based approach to development as offering the best conception of participation away from concentration of power and pursuit of profit in the hands of a few elite. Capabilities and human rights treat people as human beings with the dignity and respect owed to every human being as a moral being and understand development as the development of certain human abilities or capabilities. This development of people and communities, as opposed to goods and services, is only possible if people participate effectively in the governance of development processes. Their emphasis is to go beyond ensuring the benefit of 'having' for instance water to also embrace the benefit of 'being' an equal citizen, sharing the benefits of 'participatory living' in a community of equals. The advantage of the human right based approach is that it has a strong foundation in law that compels states to act in a certain way to ensure legally recognised claims. The thesis establishes that there is a legally protected claim to water under the human right to water which is binding on states although the human right to water is unenumerated in the mainstream human rights treaties except for specified groups and situations. The claim to water under this human right is both in terms of a substantive normative standard and a procedural normative standard that guarantees beyond the human mode of 'having' into 'being' i.e. being a full member of society. These claims are legally binding and therefore enforceable against states. The human right to water requires states to adopt legislative and other non legislative measures that result in adequate and accessible water of good quality for all. States must take immediate, deliberate and concrete steps that include the formulation and implementation of national water policies and strategies in a transparent and nondiscriminatory manner to realise the human right to water. The formulation and implementation of national policies and strategies must ensure participation, human agency and dignity of all those affected by such decisions. The recognition of the human right to water in Malawi will provide an effective way of overcoming the lack of power and the 'tyranny of participation' which characterise water services in rural and peri-urban areas.
Norwegian Research Council
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Grimes, Hilary Judith. "Addressing the 'water crisis' : the complementary roles of water governance and the human right to water". Thesis, University of Dundee, 2009. https://discovery.dundee.ac.uk/en/studentTheses/b7c7fd5b-b5d2-4a70-bf3d-3888f346fefa.
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There has been talk of countries facing water "crises" and even predictions of a "global water crisis", for some years now. The effects of climate change, population growth, and ever higher levels of development are being felt around the world. Even in the United Kingdom, generally considered to have plentiful rainfall, there have been restrictions on water use. How much more serious a problem, then, is this issue for those countries with less bountiful water resources and fewer financial resources to cope with increasing water stress. One common response has been to consider the water crisis as a "crisis of governance", in recognition that it is less about the lack of water and more about the need to address poverty and power imbalances within society. However, this neither clarifies the measures to be taken nor the responsibilities that governments have towards their people when facing such a crisis. This thesis explores the meaning and implications of "good water governance" as a means of addressing the water crisis and concludes that for the meas to be successful a clear end goal is required. This thesis proposes that the normative content of the Human Right to Water is a useful starting point in defining the goals for national water policy able to meet the challenge of a potential water crisis. By combining positive contributions both good water governance and the Human Right to Water, the thesis develops a framework to assist governments in planning, implementing and monitoring the measures necessary to fulfil their responsibilities. In order to verify the framework that has been developed, the thesis applies the framework to the case of South Africa, a country that is facing increasing water stress while still redressing the balance of past inequities. The thesis concludes that a framework using aspects from a water governance approach and aspects of the Human Right to Water can assist governments to focus their efforts on the critical issues that affect their communities' access to water.
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Venter, Claudia Beryl. "Water use rights as an estate asset : an examination of the valuation and transferability of water use rights / C.B. Venter". Thesis, North-West University, 2010. http://hdl.handle.net/10394/4929.
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The main purpose of the National Water Act 36 of 1998 is to provide for fundamental reform of the law relating to water resources in South Africa. Section 3(1) of the National Water Act 36 of 1998 (NWA) stipulates that the national government, as the public trustee of the nation's water resources, must ensure the protection, use, development, conservation and management of water. Water must also be controlled in a sustainable and fair manner, to the advantage of all persons and in accordance with the national government`s constitutional mandate. Subsection (2) stipulates that the Minister is ultimately responsible to ensure that water is allocated and used in a fair manner, for the benefit of the public interest, while promoting environmental values. Subsection (3) further stipulates that the national government also has to regulate the use, flow and control of all water in the Republic. These provisions of the NWA gave birth to the concept of public trusteeship in the South African law.
The NWA provides for a number of different water us rights; from water use rights for domestic purposes to water use rights for the purpose of agriculture. Considering the extent of the study of all the water use rights that exist within the provisions of the NWA, this research will focus on licensed water use rights intended for agriculture. In this study it will be determined whether these licensed water use rights form part of a person's estate. Furthermore, it will also be determined whether these rights are transferable and whether a value can be attached to these rights in the estate of a person.Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.
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McCann, Claire. "The transformative potential of human rights : the human right to water and the courts". Thesis, Queen's University Belfast, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602399.
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The explicit recognition of the human right to water is a relatively recent development and the delineation of the scope and content of this right, and the attendant obligations, is still in its infancy. This thesis uses the right to water as a lens through which to explore the trans formative potential of human rights and examine the role of the court as a safeguard against majoritarian and neoliberal excess. The courts, despite their institutional limitations, have a significant role to play in facilitating the enjoyment of the full catalogue of economic and social rights. Water service provision creates a number of potential conflicts and this thesis examines the tension between the market forces governing water as an economic good, and the provision of water a basic social good. The economic model has been championed as a mechanism for ensuring secure and sustainable water use in a world of ever increasing demand; however it fails to take account of the devastating effect that the pay-per-use model can have on poor households, who are forced to unacceptable compromises in water use because they cannot afford to pay the market price for water, This thesis takes a comparative approach to understanding how the courts can, and should, intervene to ensure that water service providers embrace their human rights obligations. Using the experience o/the South African right to water litigation in particular.. this thesis argues that in order to realise their trans formative mandate, the courts need ensure that they are willing to engage with more than the procedural elements of the right to water. In order to have any real impact on the lives of the poor, the courts, and other institutions, need to substantiate the right to water as a form of resistance to the continued marketisation of water service provision.
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Hu, Desheng. "Water rights in China : an international and comparative study". Thesis, University of Dundee, 2004. https://discovery.dundee.ac.uk/en/studentTheses/cd5309dc-320b-4d20-8382-0fd6fb5b91fa.
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China, the world's most populous country, has been experiencing a severe water crisis. This has manifested itself through water shortages, water pollution and natural water disasters, and has been exacerbated by the rapid social and economic development that has taken place in the last two decades. To deal with these problems, an integrated water resources management programme, within which an effective and enforceable water rights system can play a key role, should emerge as soon as possible under the principle of sustainable development. However, there are many problems under the water rights system in the current Chinese water law, involving the property right of water resources, the human right to water, and the environmental right to water. ... this dissertation recommends a well structured water rights system under which the economic, social and environmental values of water resources co-exist equitably in harmony.
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Budds, Jessica R. "Political ecology of water privatisation in Latin America : water rights markets in Chile". Thesis, University of Oxford, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.425427.
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Widing, Felicia. "Water and conflict : A case of hydropower, justice and water rights in Albania". Thesis, Stockholms universitet, Institutionen för ekonomisk historia och internationella relationer, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-193743.
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This thesis concerns the struggles related to a hydrosocial conflict prompted by the plan for hydropower development in the river Vjosa, Albania. Despite the controversial nature of hydropower, the quest for renewable energy has increased the interest in hydropower development globally. Renewables require a large amount of water, and the benefits are often reallocated to powerful players, which has caused concerns over water grabbing, power, justice, and rights. This study aims to examine the linked levels of contestation in the conflict over the hydrosocial territory of Vjosa, through legal and non-legal mechanisms. Further, the thesis uncovers underlying values and assumptions regarding the river and hydropower. For this purpose, the theoretical framework of political ecology and Echelons of rights are used. The echelons of rights are used to analyze the material, while political ecology is used as a lens for the overarching framework. The Political ecology lens on justice and territorialization contribute to enhanced understandings of the importance of social movements in contesting injustices and mismanagement of the environment. By interviewing social movements and domestic energy companies, as well as analyzing the environmental impact assessment, the results indicate that the understanding of the river and hydropower both differ and coincide, and how legal instruments do not only suppress people but can be used as a tool by social movements.
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DeJong, David Henry. "The Sword of Damocles: Pima Agriculture, Water Use and Water Rights, 1848-1921". Diss., The University of Arizona, 2007. http://hdl.handle.net/10150/195634.
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This study identifies the historical factors that impacted Pima agriculture, water use and water rights in south-central Arizona between 1848 and 1921. Federal land and resource policies, especially federal Indian policies, impacted the dynamics of Pima agriculture and water use during these crucial years when the federal government utilized economic liberalism to open the West to homesteading and facilitate the development of the region's vast resources.As an agricultural people, the Pima did not passively accept these policies and events. Rather, they proved adaptive, demonstrating their resourcefulness in important ways. In response to water deprivation and infringement of their water rights, the Pima reduced the amount of land they cultivated. While before 1880 they had increased their cultivated acreage and expanded their trade networks, in the years after they creatively found ways to keep land in production despite water shortages. As the water crisis deepened, the Pima abandoned their least productive lands. In the midst of great deprivation, they relocated (or abandoned) a number of villages and scores of fields in an attempt against great odds to maintain their agricultural economy. To make the most of their diminishing water resources, the Pima adapted by growing small grains such as wheat and barley, even when these crops no longer proved to be economically viable in Arizona. While not new to their crop rotation, the Pima relied almost exclusively upon these crops by the 1910s since they required considerably less water than others.Because the Pima had prior and paramount rights to the water and were wrongfully deprived of their rights to the use of water, their water rights struggle raised a metaphorical Damoclean sword above the heads of those non-Indian farmers who used the water. This study, therefore, focuses on the history of water use and agricultural production among the Pima Indians between 1848 and 1921 and argues that without infringement of their rights to water, the Pima would have equaled and perhaps surpassed the local agricultural economy.
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Allison, Nicholas J. "Transferable property rights to water: the New Zealand experience". Thesis, University of Canterbury. Resource Management, 1988. http://hdl.handle.net/10092/6656.
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The report has been designed as a small input into the present review of the resource use statutes. As conflict between competing or potentially competing users of water has become more common, there is a need to review the manner in which we allocate water resources in New Zealand. An alternative resource allocation mechanism to the present administrative system is a market mechanism. The report examines theoretical literature on transferable property rights to water and the actual experience New Zealand has had with a water market. Drawn from the analysis are several policy recommendations on the form of the institutional structure a water market could take in New Zealand.
The views expressed in this paper are the responsibility of the author and do not necessarily reflect those of the New Zealand Treasury.
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Grönwall, Jenny T. "Access to water : Rights, obligations and the Bangalore situation". Doctoral thesis, Linköpings universitet, Tema vatten i natur och samhälle, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-11686.
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The city of Bangalore in southern India is undergoing rapid urbanisation and administrative transition. Its growth puts pressure on the available water sources – being mainly the disputed inter-State River Cauvery and the hard-rock aquifers – with ensuing problems of access. These aspects affect how rights to and over water are fulfilled and perceived. Competition for drinking water is intensifying worldwide and over a billion people are estimated to lack safe access to it. Urbanisation and other demographic trends, along with globalisation and climate change, are adding to the changing patterns of water scarcity. The role of rights in attaining and improving access to water is undoubtedly great and often referred to in the general water management debate. The notion is analysed here as having three interlinked dimensions: the right to water as a human right; water in terms of property rights; and water rights. Law treats these rights, and thereby water, differently. For instance, groundwater has traditionally been thought of as invisible and unpredictable. Partly for this reason, it is still left largely unregulated in many parts of the world. In India, according to the proverb, ‘the landlord is a water lord’. This has effects on the claim for water as a human right. The dissertation shows that we cannot talk in terms of water and rights until we are aware of how complex rights apply simultaneously, and how they correspond to obligations.
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Grönwall, Jenny T. "Access to water : rights, obligations and the Bangalore situation /". Linköping : Department of Water and Environmental Studies, Linköping University, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-11686.
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Orgill, Kelly M. "Conservative conservationists : water rights, wilderness, and Idahoan political identity /". [Boise, Idaho] : Boise State University, 2009. http://scholarworks.boisestate.edu/td/34/.
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Pereda, Maria Macarena. "The human rights implications of the bottled water industry". Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/53179.
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Given the current problem of unequal access to water which affects millions of people
around the world, the purpose of this study is to attempt to determine how the bottled water
industry fits in the project of universal and equitable access represented by the recognition of
of water as a human right.
The emerging notion of the human right to water upholds that the provision of safe
drinking water at least the minimum amounts necessary to satisfy basic human needs
should be provided to all persons, regardless of their socio-economic status.
On the other hand, the bottled water industry treats water as an ordinary commodity,
subjecting this water to market forces, limiting consumption so that only those who can
afford it can have access to it, and thus reinforcing a notion of restricted access to water.
In light of the above, it is striking that, while some people die of thirst, the market of
bottled water has simultaneously grown exponentially in the last couple of years. Hence, a
question arises as to what extent this two water ideologies can be said to be compatible.
It is concluded that, in certain circumstances, the bottled water industry, far from
fostering the realisation of the human right to water, may negatively impact on its realisation.
This is mainly because the industry is part of a larger trend of water commodification that
reinforces a project of restricted access to water, promoting institutional structures where
only those with economic means can have access to the most important and essential element
for human survival.Mini Dissertation (LLM)--University of Pretoria, 2016.
Centre for Human Rights
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Patel, Darshana (Darshana Dinubhai) 1972. "Water for all : an analysis of a human rights based approach to water access". Thesis, Massachusetts Institute of Technology, 2001. http://hdl.handle.net/1721.1/69427.
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Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 2001.Includes bibliographical references (p. 75-80).
An interdisciplinary and qualitative study was undertaken to determine whether a human rights based approach would ensure each person's access to a water supply sufficient to meet her basic needs. A human right to water shows promise as a strategy for ensuring universal access to water if a broad, comprehensive human rights theory is ascribed to. In a coherent, comprehensive human rights theory, human rights are interdependent and indivisible from other human rights and are predicated upon a core unifying principle such as justice or human dignity for all. The language of many human rights documents indicates that a coherent, comprehensive human rights system was envisioned, but the practices and actions of many countries over the past fifty years indicate that this vision is strongly resisted. Absent such a comprehensive theory of human rights, a human right to water can have great impact as a moral and ethical justification that planners and policy-makers can use to implement programs that increase access to water. A human right to water can also increase participation in a dialogue about water management. This discussion concerning water management must be undertaken soon since a water crisis is looming and water wars are predicted.
by Darshana Patel.
M.C.P.
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Engbruch, Katharina. "Das Menschenrecht auf einen angemessenen Lebensstandard : Ernährung, Wasser, Bekleidung, Unterbringung und Energie als Elemente des Art. 11 (1) IPWSKR /". Frankfurt, M. ; New York, NY : Lang, 2008. http://d-nb.info/988520427/04.
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Chaudhry, Anita M. "Water and economic growth". Laramie, Wyo. : University of Wyoming, 2008. http://proquest.umi.com/pqdweb?did=1594493531&sid=1&Fmt=2&clientId=18949&RQT=309&VName=PQD.
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Petersen-Perlman, Jacob Daniel. "AN ASSESSMENT OF MUNICIPAL WATER RIGHTS AND WATER SYSTEMS IN THE CLARK FORK RIVER BASIN". The University of Montana, 2010. http://etd.lib.umt.edu/theses/available/etd-06112010-121959/.
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In the semi-arid Inland Northwest, water is undoubtedly the most important natural resource. Western Montanas Clark Fork River basin is no exception. As the population of western Montana continues to grow, the Clark Fork River basin below the Flathead Indian Reservation is largely in de facto closure to the establishment of new water rights. Communities face a great amount of uncertainty with respect to their ability to establish new water rights to accommodate future growth due to the de facto closure, along with the ongoing adjudication process and the inability for communities to grow into their claimed water rights established before July 1, 1973. It is therefore essential for communities, and water resources planners and managers, to know their legal and physical entitlements to water. This assessment of municipal water rights and systems in the Clark Fork River basin was conducted by ascertaining the volumes and maximum flows of each communitys water right, analyzing the volume of water used annually, and projecting future water consumption amounts for the next 20 years based on projected county population growth rates. Other information gathered includes water conservation measures, water-related infrastructure, and metering. Interviews of water system managers and operators were conducted to gauge their level of understanding of water resource issues and policies that might play a significant role in each communitys ability to provide water to its residents. It appears that while the vast majority of communities in the Clark Fork River basin will have sufficient water right amounts for the next 20 years, other communities, e.g., Seeley Lake, Hamilton, and Missoula are more likely to experience difficulties in meeting future population growth with their current rights. Some communities, e.g., Butte, Columbia Falls, Superior, and Thompson Falls, may be limited in using their water rights due to water quality issues, while others, e.g., Hamilton, Missoula, and Stevensville, will be limited due to the Montana Department of Natural Resources and Conservations rules regarding where water rights are able to be used.
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Hartwig, Lana D. "Aboriginal water rights in New South Wales: Implications of water governance reform for self-determination". Thesis, Griffith University, 2020. http://hdl.handle.net/10072/393199.
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Over recent decades, Indigenous peoples’ claims for rights to govern, protect and benefit from the use of their waters have attracted increased global attention. These claims form part of a broader set of demands for Indigenous self-determination, now enshrined in international norms, including the United Nations Declaration on the Rights of Indigenous Peoples. However, Indigenous peoples’ struggles for self-determination broadly, and freshwater rights specifically, are contentious and complex. This is especially so in settler-colonial contexts where Indigenous and settler populations and their institutions and political systems co-exist in complicated and interconnected ways.
Over roughly the same period, we have also witnessed the transformation of freshwater governance internationally. Underpinned by neoliberal rationality, nation states have tended to frame water governance challenges as issues of scarcity and inefficiency, and have proffered predominantly market-based and demand-focused policy and legislative responses. Scholars and practitioners disagree about whether these neoliberal water governance and distribution approaches create opportunities or further obstacles for appropriately addressing Indigenous freshwater claims. Some are concerned about how neoliberal rationality masks power asymmetries and constructs water as (only) an economic and value-free resource, which may displace alternative ontological and material water realities that do not align with dominant neoliberal representations of water.
These arguments about the pros and cons of neoliberal water governance and water markets play out in Australia. Over the past twenty years, escalating Aboriginal claims for freshwater rights have coincided with widespread neoliberal water reforms. These reforms have led to the development of the world’s biggest water market and completely restructured water rights. Despite this, Aboriginal peoples’ water justice claims remain unresolved and little is known about how neoliberal water governance and market frameworks materially or otherwise affect Aboriginal peoples in this region.
In response, this thesis describes and analyses the effects of Australia’s neoliberal water governance on self-determination for Aboriginal peoples. It uses the New South Wales portion of the Murray-Darling Basin, Australia’s most productive agricultural region, as a case study to examine the experiences of Aboriginal peoples who seek rights to access, use and manage water. Theoretical insights from critiques of neoliberalism, settler-colonial theory, legal and ontological pluralism and Indigenous methodologies informed the methodological approach to conceptualising and responding to this research problem. Data was collected via semi-structured interviews with Aboriginal water policy experts and representatives from Aboriginal organisations across the case study area that hold statutory water entitlements, as well as archival, documentary and state water entitlement data analysis.
The two key interrelated arguments and findings of this study are as follows. First, the neoliberal governance regime under which Aboriginal peoples currently seek water access and self-determination is built upon and entrenches the exclusion of Aboriginal peoples from historical land and water governance. Aboriginal peoples’ abilities to access, freely care for, manage and determine the use of water are significantly curtailed by enduring settler-colonial power relations. Evidence of this is obtained by quantifying and analysing Aboriginal-held water entitlements, establishing a profile of current holdings, and showing changes to these holdings over time. Analysis of interviews with Aboriginal water policy experts about their experiences and struggles to secure Aboriginal water rights in the recent era also support this finding.
Second, this thesis finds that where Aboriginal entities hold commercially valuable statutory water entitlements, there are some opportunities for self-determination but these are generally limited and constrained by structural, organisational and wider governance factors. Analysis of attitudes and behaviours of Aboriginal organisations and representatives who trade in the water market reveals that the conditions that arise from neoliberal water governance (and its intersection with neoliberal Aboriginal affairs policies) encourage them to conceptualise themselves, their water property rights and their pathways to self-determination, in particular ways that align with market subjectivities. This has the effect of narrowing the magnitude and suite of benefits that Aboriginal organisations derive from holding rights to water.
The findings from this work present important and timely insights for policy and law reform processes currently underway across Australia. The findings also offer valuable insights for Aboriginal organisations seeking to better engage with water governance and wanting to utilise and manage their water in ways of their choosing.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Environment and Sc
Science, Environment, Engineering and Technology
Full Text
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Josephy, Alvin M. "The Snake River basin adjudication the future of water in the West /". Online pdf file accessible through the World Wide Web, 2006. http://archives.evergreen.edu/masterstheses/Accession86-10MES/Josephy_AMMESThesis2006.pdf.
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Sam, Marlowe Gregory. "Oral narratives, customary laws and indigenous water rights in Canada". Thesis, University of British Columbia, 2013. http://hdl.handle.net/2429/45247.
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Prior to the European discovery and colonization of North America the Indigenous peoples managed their natural environment through a management regime that was guided by traditional governance systems that were based within the oral tradition. Since the assertion of European authority the water rights of indigenous peoples were subsequently diminished and infringed upon by colonial policies that derived from the doctrine of discovery. In the contemporary era the Supreme Court of Canada has determined that the priority water rights of Canada's aboriginal peoples must be proven under the premise of European concepts of land ownership and entitlement. It is my intent to use the oral narratives of the Syilx (Okanagan) to provide evidence of the ancient customary laws and practices that guided the management practices over this natural resource. To substantiate the existence of the customary laws of indigenous peoples I use primary research gathered from Syilx (Okanagan) and Secwepemc (Shuswap) informants. Previously published and unpublished oral narratives that were recorded and transcribed during the twenty-first century will also be used in this inquiry. Prior to the arrival of Europeans a phenomenon of globalization greatly influenced the development of colonial policies and laws that in turn impacted modern day Supreme Court decisions in both the United States and Canada. An analysis of the manner in which the Supreme Court decisions infringed upon the human and aboriginal right to water will be used to determine both the weaknesses and strengths of the priority rights of water that have been held in perpetuity by aboriginal peoples within Indigenous North America.
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Gessesse, Fasil Mulatu. "A human rights approach to solving water conflicts over the use of trans-boundary rivers : focus on the Nile Basin". Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8054.
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The objectives of the study are to: (1) Critically analyse the 1959 Nile River agreements from a human rights perspective (2) examine the applicability of international human rights law in water distribution and use and (3) investigating how human rights norms and principles can be used, if at all, as a means of solving water conflicts over the use of trans-boundary rivers. The study adopts a human rights approach in its consideration of the problem of conflicts that may arise in connection with the use of trans-boundary rivers. It is particularly significant as it seeks to explore the solution from the human rights of the people in the riparian countries. It is believed that the study will contribute to the development of basin-wide cooperation among riparians by being employed in negotiations and planning of projects.Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2008.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Raymond A. Atuguba of the Faculty of Law, University of Ghana Legon, Accra, Ghana
http://www.chr.up.ac.za/
Centre for Human Rights
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Sonkita, Conteh. "Inhibiting 'progressive realisation'? The effect of privatisation on the right to water in Senegal and South Africa". Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1234.
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"Against the preceding background, the phenomenon of privatisation has come to be a particularly important factor with respect to the progressive realisation of the right to water. Privatisation is the process of transferring property from public ownership to private ownership or transferring management of a service or activity from government to the private sector There has been a rapid growth in the privatisation of essential services in many African states, based on the belief that the private sector can deliver growth and efficiency more effectively than the public sector. This supposition has not been borne out by the available evidence. Cote d'Ivorie was the first African state to privatise its water delivery system in 1960. Since then, over 18 major water contracts have been awarded by at least 14 African states, including Senegal and South Africa, to private concernts for the delivery of water. A host of other states are planning to or are already in the process of privatising their water delivery systems. The main impetus behind this spate of sometimes frenzied privatisation, has been the World Bank and the International Monetary Fund (IMF), who make the privatisation of public services or utilities an unavoidable condition for loans to African states. These two institutions have however, quite recently, come under serious pressure to fundamentally rethink the use of conditionality and have initiated a series of evaluations which are expected to result in some critical conclusions. This study aims to demonstrate through the two case studies of Senegal and South Africa that privatisation of water by African states can affect the process of 'progressive realisation' and may actually result in the violation of the right to water guaranteed under international human rights law. It investigates whether privatisation of water by African states affects the obligation of progressive realisation of the right to water. The choice of Senegal and South Africa is based on the fact that studies on the development and impact of water privatisation in both states have been carried out and futher whilst Senegal is an example of 'privatisation forced by the World Bank', South Africa is not. In addition, both states are parties to international human rights instruments that implicitly or explicitly guarantee the right to water. ... Chapter 2 will discuss the 'right to water' and the obligation of progressive ralisation with regard to the overall promotion and protection of economic, social and cultural rights. It will examine whether such a right actually exists under international human rights law, its nature and extent and the content of the obligation to progressively realise it. Chapter 3 will focus on the process of privatisation, its varous forms and the impetus for such a process. It will also explore arguments in support of, and against, privatisation. Chapter 4 will analyse the impact of privatisation on the obligation to progressively realise the right to water by looking at the situation pre- and post-privatisation. Some concluding remarks will be made in chapter 5." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Prof. J. Oloka-Onyango at the Faculty of Law, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
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Gathia, Sanjay Lai Dilokvidhyarat. "Privatization of water and its impact on the right to water in India /". Abstract, 2006. http://mulinet3.li.mahidol.ac.th/thesis/2549/cd390/4337669.pdf.
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Ncube, Kukhanya. "The right to water in the constitution and sustainable development in South Africa". University of the Western Cape, 2018. http://hdl.handle.net/11394/6538.
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Magister Philosophiae - MPhilThe South African Constitution, 1996 has placed the right to sufficient water as a Constitutional right. The provision of this right by the Constitution intends to redress the violation of human rights, to ensure that South Africa’s scarce water resources are protected from pollution and that every South African, including the poor and the marginalised, enjoys them. Consequently, the Constitution has placed a legal obligation on the government to realise the right to have access to sufficient water. In order for the government to fulfil its obligation to provide water as a right for present and future generations, it will need to implement the relevant legislation effectively to protect the country’s water resources. This study analyses Section 27 of the Constitution, which provides for the right to access to water, and the role of sustainability in conserving and protecting water resources, given the recurring water challenges.
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Shillito, Rose Marie, i Rose Marie Shillito. "A Framework for the Negotiated Settlement of Indian Water Rights Conflicts". Thesis, The University of Arizona, 1996. http://hdl.handle.net/10150/626783.
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Indian water users are claiming significant amounts of water throughout the
western U.S.--water which non-Indians are using. Conflicts arise because there simply
is not enough water to satisfy all claims to water. However, the negotiated settlement
of these conflicts is becoming an accepted method of resolution.
The purpose of this study was to develop and illustrate a methodology to
facilitate the negotiation process and aid disputants in reaching a solution. A framework
was developed using elements of game theory. The creation and evaluation of
negotiation resolution scenarios was illustrated. Through the application of the
developed framework to an ongoing dispute, the existence of acceptable negotiation
scenarios was demonstrated.
34
Boisvert, Wesley George. "Riparian Habitats and Reclaimed Water in Tucson: A Battle for Rights". Thesis, The University of Arizona, 2010. http://hdl.handle.net/10150/146802.
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Water scarcity is a major problem in Arizona. The state as well as the western United States in general is reliant on the Colorado River for its supply of water. A long history of water development and law has shaped the current situation. There are many different water users that compete for a share of the limited water supply. With Arizona's rapidly growing population municipal water use has increased. Because of this the hunt has begun to find additional water to meet the needs. Unfortunately, one sector where water may be taken from in the environment. The Santa Cruz River in Tucson has riparian areas that are kept going because of reclaimed wastewater that is discharge into the river. Without this water the riparian areas will disappear. Finding water for all of the different use sectors is proving to be a difficult dilemma.
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Ge, Muyang. "Three Essays on Land Property Rights, Water Trade, and Regional Development". DigitalCommons@USU, 2019. https://digitalcommons.usu.edu/etd/7492.
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This dissertation explores how property rights to a natural resource affect economic decisions for investment or sale, and how these decisions may in turn impact other areas of the economy. The first essay focuses on how incomplete land ownership on Indian Reservations in the United States affects landowner incentives to engage in agricultural production. The second essay explores how the transfer of water in arid regions via water right sales affects local labor markets and environmental outcomes. The third essay seeks to understand how shale-gas drilling has affected organic food production. This dissertation provides several policy implications. First, the findings suggest that the key to improving lagging agricultural development on American Indian land is to improve tribal farmers’ access to capital, so they can invest in agricultural systems (including irrigation) at the level of their neighbors enjoying fee-simple title. Second, while a potentially effective solution to reduce costly water shortfalls among high-value urban users, water sales from agricultural to urban users appear to simultaneously decrease employment and environmental quality in the water exporting region. Third, Drilling activities appear to discourage organic farming in Colorado. While farmers with mineral ownership benefit, identifying the direct causes of lost organic certification can inform policy that regulates negative externalities on organic farms caused by drilling.
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Harun, Ibrahim. "The impact of privatisation of water supply and services on the fulfilment of human water rights in selected developing countries". Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5157_1367483357.
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Lacher, Laurel Jane, Thomas III Maddock i William B. Lord. "RESPONSE FUNCTIONS IN THE CRITICAL COMPARISON OF CONJUNCTIVE MANAGEMENT SYSTEMS IN TWO WESTERN STATES". Department of Hydrology and Water Resources, University of Arizona (Tucson, AZ), 1993. http://hdl.handle.net/10150/617810.
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Conjunctive management of surface and ground -water resources on state and
local levels is a relatively new political phenomenon. This type of management has
evolved, in part, in response to growing populations with ever -increasing, and often
conflicting, water demands. In addition, a more sophisticated technical understanding
of the physical link between groundwater and surface waters has led water managers to
reconsider historical strategies for solving water supply problems. In light of growing
demand and improved technology, some western states have begun the transition from
crisis- oriented water management to one of long -term planning for population growth
and environmental protection. This planning process requires that the constituents of a
region define their water use goals and objectives so that various approaches to
conjunctive management may be evaluated for their suitability to that particular
physical and socio- political environment.
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Hofer, Christian. "More market in water supply : understanding the international human rights law perspective /". lizenzfrei, 2007. http://www.gbv.de/dms/zbw/61860197X.pdf.
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Hanham, Susan Janette, i n/a. "�Where land meets water� : rights to the foreshore of Otakou Maori Reserve". University of Otago. Department of Surveying, 1996. http://adt.otago.ac.nz./public/adt-NZDU20070530.153901.
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Rights to possess and/or use the foreshore of New Zealand are not clear, and are even cloudier in relation to Maori freehold land that is on the coast. This thesis investigates the law pertaining to rights in the foreshore, and the facts pertaining specifically to the use of the Otakou Maori Reserve foreshore. In particular, the research question is this: what does aboriginal title mean in 1996 for Otago Maori? Examining the legal issues, searching individual titles and gathering oral history are the methods used to answer this question.
First, the law. In New Zealand the Crown is prima facie the absolute owner of the foreshore. This can be displaced by proof to the contrary. The doctrine of aboriginal title recognises the legal continuity of tribal property rights upon the Crown�s acquisition of sovereignty over their territory. Aboriginal title can be divided into two categories - territorial and non-territorial. Territorial title represents a tribal claim to full ownership, and non-territorial title to rights that are less than absolute ownership, such as the right to cross land, to fish and to collect flora and fauna. It is this doctrine of aboriginal title as it relates to the foreshore that can displace the Crown�s absolute ownership of the foreshore.
Second, the facts. 99% of the coastal land parcels of Otakou Maori Reserve are described in written documentation as to the line of mean high water. This 99% is made up 17% Maori freehold land, 49% general land and 33% vested in the Crown or the Dunedin City Council. The remaining 1% is Maori freehold land that does not have its boundary at mean high water, but has a fixed upland boundary. Oral history facts from the takatawhenua identify that the foreshore continues to be used for access, travel, and the collection of kai moana and sea resources.
The findings reveal that Kai Tahu ki Otakou have never extinguised their territorial and non-territorial aboriginal title to the foreshore of Otakou Maori Reserve. Suggested areas for future research include an investigation of other Maori reserves in Otago, and examining the doctrine of aboriginal title as it relates to the beds of watercourses.
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Colvin, Jamie Cameron. "Water markets : factors in efficient water allocation". Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50546.
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Thesis (MBA)--Stellenbosch University, 2005.Some digitised pages may appear illegible due to the condition of the original hard copy
ENGLISH ABSTRACT: Water is essential for life. Like the very air that surrounds us the omnipresent and indispensable qualities of water pervade throughout all of our lives. For reasons of health, community and trade the beginnings of all civilisations were proximate to the mighty rivers of the world. In a rapidly expanding global village, the priority for our future is to secure the management of increasing levels of water demand, given the finite natural cycle that all water is subject to and derived from; the hydrological cycle. The focus of this papers investigation is how best to allocate the value of water through the relatively nascent developments of water markets. The premise of utilising markets for allocative efficiency is suitably ingrained in the workings of many societies today, and the need to treat water with commensurate value and avoid waste is encapsulated in the Dublin Principles, where #4 states; 'Water has an economic value in all its competing uses and should be recognised as an economic good'. Which in isolation has merit, the legacy of state water management is usually associated with underperformance at best or incompetence and corruption at worst, and therefore the introduction of market mechanisms to provide water with allocative efficiency and true value, should be a positive undertaking for change. However the requisite conditions for proficient markets and perfect competition; which primarily include, that all agents are buyers and sellers, for a homogeneous product, with perfect information, without externalities, after the full and fair assignment of property rights, where all goods and services are private goods, and where transaction costs remain close to zero; would seldom be applicable to water. The many idiosyncrasies of water inhibit the application of competitive markets. Water could easily be defined as a public good with riparian rights, subject to a range of social and environmental externalities, whilst incurring high structural entry costs and remaining subject to the problematic vagaries of the natural supply cycle. Demand profiles also give water a heterogeneous definition, as domestic uses include both sanitation and drinking water, whilst various levels of quality are required for industry and agriculture, and even recreation. This paper seeks to define those factors that both warrant and limit the introduction of market functions to water management. The premise of this paper remains the search for better ways of valuing water, and how to incorporate fully the foundations of the environment and social criteria of health, and poverty reduction within these economic considerations. The conclusion defines a premium / discount solution to market traded water prices, which internalises these factors.
AFRIKAANSE OPSOMMING: Water is noodsaaklik vir lewe. Net soos die lug wat ons omring het water ook alomteenwoordige eienskappe wat In onskeibare deel van ons lewens vorm. Die ontstaan van alle beskawings is te vinde in die nabyheid van groot en gevestigde riviere vir redes van gemeenskaplikheid, gesondheid en handel. Vandag se geintegreerde en snel-groeiende samelewing met sy toenemende vraag na water, noodsaak 'n toekomsgerigte benadering om waterbronne te bestuur gegewe die vaste water natuursiklus waar water vandaan kom en bewaar word in. Die fokus van hierdie studie is om die beste metodes te vind vir waterallokasie met verwysing na die ontwikkeling van water markte oor die eeue. Die gebruik van die markstelsel om water effektief te allokeer is die grondslag van baie samelewings vandag. So erken die Dublin beginsels die noosaaklikheid om 'n waarde te plaas op water beklemtoon dat dit nie vermors moet word nie. Beginsel #4 bepaal: "Water het 'n ekonomiese waarde in al sy vele gebruike en moet ooreenkomstig erken word as ekonomiese saak". Die bestuur van waterbronne deur 'n owerheid word gewoonlik vereenselwig met 'n nie-optimale of selfs korrupte onbevoegdheid. Hier behoort die bekendstelling van mark beginsels om 'n waarde en nut op water te plaas dus 'n positiewe ontwikkeling te wees. Tog is dit ook duidelik dat die vereistes vir 'n effektiewe mark; alle agente is kopers en verkopers, 'n eenvormige produk, deursigtigheid in informasie, geen eksternaliteite, erkenning van besitreg, alle goedere en dienste is privaat goedere, transaksie koste is naby aan nul; nie volkome toepasbaar is op water nie. Die eenvoudige asook komplekse aard van water verhoed dat standaard markstelsel en beginsels van kompetisie eenvormig toepasbaar is. Water kan ook maklik gekategoriseer word as publieke goedere met gemeenskapsregte, wat dit dan onderhewig sal maak aan verskeie maatskaplike en omgewingsmaatreëls, hoë toetrede kostes, en logistieke probleme van die verskaffingsiklus. Dit is egter die vraag na water wat defineer dit as heterogene produk met huishoudelike gebruike vir beide persoonlike verbruik asook sanitasie, terwyl doelgerigte gebruike in landbou, handel en nywerheid ook spesifieke kwaliteite kan vereis. Hierdie werkstuk beoog om die faktore te defineer wat die bekendstelling van 'n mark stelsel vir water bestuur daarstel en ook beperk. Die uitgangspunt van hierdie studie was om maniere te vind vir beter ekonomiese waardasie van water en dit dan te kombineer met die fondasies van die omgewing, maatskaplike & gesondheidsmaatreëls, asook die toeganklikheid van basiese dienste aan almal.
41
Mouzon, Nathaniel R. "Effects of Environmental Water Rights Purchases on Dissolved Oxygen, Stream Temperature, and Fish Habitat". DigitalCommons@USU, 2016. https://digitalcommons.usu.edu/etd/4986.
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Human impacts from land and water development have degraded water quality and altered the physical, chemical, and biological integrity of Nevada's Walker River. Reduced instream flows and increased nutrient concentrations affect native fish populations through warm daily stream temperatures and low nightly dissolved oxygen concentrations. Environmental water purchases are being considered to maintain instream flows, improve water quality, and enhance habitat for native fish species, such as Lahontan cutthroat trout. This study uses the River Modeling System (RMSv4), an hourly, physically-based hydrodynamic and water quality model, to estimate streamflows, temperatures, and dissolved oxygen concentrations in the Walker River. Stream temperature and dissolved oxygen changes were simulated from potential environmental water purchases to prioritize the time periods and locations that water purchases most enhance stream temperatures and dissolved oxygen concentrations for aquatic habitat. Environmental water purchases ranged from 0.03 cms to 1.41 cms average daily increases. Modeling results indicate that increased water purchases generally affect dissolved oxygen in two ways. First, environmental water purchases increase the thermal mass of the river, cooling daily stream temperatures and warming nightly temperatures. This prevents conditions that cause the lowest nightly dissolved oxygen concentrations (moderate production impairment thresholds are
42
Pariyar, Bishnu. "Property rights or property wrong : do property rights matter in household access to irrigation water? : evidence from Mid-hills, Nepal". Thesis, University of York, 2010. http://etheses.whiterose.ac.uk/1261/.
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Whilst the development of irrigation infrastructure has been proposed as a vehicle for poverty reduction in many developing countries, the distributional aspects of irrigation interventions, particularly households' level of access to irrigation water have rarely been explored. Furthermore, previous empirical studies on irrigation performance have been overtly objective and technical with little regard to farmers' needs and concerns. The premise of this is that 'objectivity' is a necessary but insufficient measure of access to irrigation water. In addition to this, whilst irrigation interventions have had some success in ensuring access to water for crop cultivation, the impact of such interventions have been varied amongst irrigation governed by different property right regimes. In response to these concerns, this multidisciplinary study uses mixed methodologies of data collection and analysis to explore a subjective measure of households' access to water from irrigation systems managed by different property right regimes. Using a case study approach, an in-depth institutional analysis of the three irrigation systems has been carried out to identify institutional factors which contributed to unequal level of access to irrigation water. The findings demonstrate that households' level of access to water is influenced by socio-economic status, the physical nature of the canal systems and institutional characteristics of the management regimes. The results from the quantitative analysis reveal a clear pattern of differentiated access to water in irrigation systems under different property right regimes. The results indicate that the tail-enders, female-headed households, dalits and small farmers appear to have weak access to water from the canals. However, farmers along these heterogeneities have different levels of access to water in irrigation systems governed by different property right regimes with farmers in the farmers managed irrigation system performing significantly better than the agency managed and jointly managed irrigation systems. The thesis concludes that institutional dimensions should be taken into consideration by policymakers in order to ensure better access to water in irrigation interventions.
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Loshaj, Donjeta. "The Political Economy of the Right to Water : - Case Study Albania". Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-59459.
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The thesis’s main objective was to determine if Albania was in close proximity to realize the human right to water, plainly by answering the subsequent queries; (i) if water utilization was accessible for all, and (ii) if the accessible water was of good quality (i.e. safe to drink) as well as (iii) if the economic accessibility was affordable without any discrepancy in its distribution. In sequence to answer the aforementioned queries, the thesis utilized a design of a case study since case studies are exceptionally well at endowing the researcher with an understanding of a multifaceted subject matter, i.e. Albania’s political economy of the right to water. The results of the thesis exhibits that water utilization is not accessible for all due to inadequate water amenities, and due to the large wastage of water that does not go into needed utilization. In proceeding, the results also illustrates that Albania is in deficient of water quality observation, which sequentially outcomes in unprotected water and relentless leakage. In conjunction with the findings of the thesis, it is verified that the rural areas of Albania are stricken the most, primarily because Albania does not encompass a righteous distribution of water reforms. Into the bargain, the rural areas are not only struggling with the discrepancy in the distribution of water but also with excessive costs of the diminutive amenities that are available.
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Martínez, Adriana N., i Oscar E. Defelippe. "Human right to water and conventionality control". Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115348.
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Humanity faces the challenge of achieving the sustainability of water resources supply for the satisfaction of human needs and ofensuring the sustainability of the natural ecosystems for the achievement of sustainable human development and the quality of life of present and future generations. For this reason the recognition of access to water as a Human Right has fundamental significance. We proceed to analyze the international instruments that provide content and legal basis to the human right to water and the obligations of States. In this context, we deal with the constitutional reception of human right to water in Argentina in the constitutional reform of 1994 and the control of conventionality as guarantor of access to water, which has led to different domestic courts to consider cases in which a violation ofthe right to water was proved.La humanidad enfrenta el desafío de lograr la sostenibilidad de la oferta de los recursos hídricos para la satisfacción de las necesidades humanas y garantizar la de los ecosistemas naturales para el logro del desarrollo humano sustentable y la calidad de vida de la generación presente y de las futuras. Es por ello que el reconocimiento del derecho al acceso al agua como derecho humano adquiere primordial relevancia. Procedemos al análisis de los instrumentos internacionales que dan contenido y fundamento jurídico al derecho humano al agua y de los que derivan las obligaciones de los Estados. En ese contexto, abordamos la recepción constitucional del derecho humano al agua en Argentina, a partir de la reforma constitucional de 1994, y al control de convencionalidad como garante del acceso al agua, que ha llevado a que distintos tribunales internos se ocuparan de casos en los que se constató la vulneración del derecho al agua.
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Mann, Gregory. "California's Water Problems: How A Desert Region Gets Enough Water To Survive". Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/543.
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The issue of gaining access to enough water in California has shaped how the state has developed and it has been one of the most important and divisive political issues for all of its residents. In a state where “75 percent of the demand for water originates south of Sacramento, although 75 percent of water supply in the state comes from north of the capital city,” the decision of who should get access to the limited supply of water is fiercely contested between opposing parties who all feel that they have a right to the water necessary to keep them alive. But with the amount of useable water slowly declining and an ever-growing population with greater demand for water, there is no easy compromise or solution that solves the problem of how water should be distributed.
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Dutkowsky, Monique Renee. "Institutions, third-parties, and water markets: an analysis of the role of water rights, the no-injury rule, and Water Code 386 on water markets in California counties". Thesis, Montana State University, 2009. http://etd.lib.montana.edu/etd/2009/dutkowsky/DutkowskyM0509.pdf.
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Given the apparently large potential gains from the trade of water, why do we observe so few market transactions? This paper argues that policy-driven transaction costs are an important trade-hindering factor. More specifically, this paper examines the allocation of property rights under the No-Injury Rule, which gives rights to riparian users, and Water Code 386, which gives quasi-blocking rights to third-parties, making water rights less clear. Both laws are predicted to decrease the likelihood of observing an active export market and the volume of exports in the county. To test these predictions, this paper uses the cross sectional variation in the number of riparian rights holders and the number of third-parties to estimate their effect on all county-level water trades in California from 1990 to 2001. The empirical results show that the effect of Water Code 386 on exports is inconclusive. The results for the No-Injury Rule indicates that for the average county, a one standard deviation increase in the ratio of riparian rights holders to the total population will decrease the likelihood that the county will have an active export market by 30 percent and will decrease the ratio of exports to appropriations by 7.4 percent. This suggests that if California's goal is, as stated in the 1970's, to reallocate water to its highest valued use via water markets, the current allocation of property rights may be creating policy-driven costs that hinder reaching that goal.
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Kotálová, Radka. "Social Entrepreneurship - Just Add Water". Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-81866.
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This work deals with the phenomenon of social entrepreneurship in the context of the African continent. First of all, it concentrates on the situation in Africa with respect to water and then on the importance of property rights in the resolving of the situation. Subsequently it discusses one of the common attempts to solve the water crisis, i.e. aid. The second part of the thesis is concerned with social entrepreneurship only. Firstly, from the theoretical point of view (definition, typology) and secondly, from the practical point of view (case studies of enterprises that are trying to push Africa closer to achieving the Millennium Development Goal of halving the proportion of people without access to safe drinking water).
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Tucker, Philip Nigel James. "Water rights, drought and the human ecology of famine : North Kordofan 1984-5". Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.359692.
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Roos, Bonnie. "Balancing Agricultural and Urban Water Needs in Transitioning Arid Landscapes". DigitalCommons@USU, 2016. https://digitalcommons.usu.edu/etd/5017.
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In the arid western United States (U.S.), population expansion is dependent on water supply. With the majority of the water being consumed in agriculture, municipalities often obtain water supply needed for growth from agriculture. Water supply reallocation generally occurs through agricultural-to-urban water right transfers. This trend in agricultural-to-urban water transfers drives the question of how to strike a balance between agricultural and urban water needs in rapidly growing arid regions. In the Intermountain West region of the United States, Utah is a state with a rapidly growing population and limited water supply. This study occurred between 2015 and 2016, using a multi-method approach to understand agricultural-to-urban water transfers in Utah. Inperson interviews, participant observation, and secondary data collection methods focused on existing challenges and opportunities for striking a balance between these water interests. Data revealed that water transfers out of agriculture and into municipalities are more significant to areas of Utah experiencing rapid population growth. Policy challenges arise as water is seen as a monetary asset, incentivizing the reintroduction of old water rights into an established water priority system. Further challenges occur as municipal uses are given preference in state development strategies over agricultural uses. This preference can incentivize both the selling of water to municipalities and the gathering of large municipal water right portfolios. Balancing growth and water interests in transitioning landscapes is suggested through the use of agreements, as well as regional planning and collaboration. This transition, if not properly planned and accounted for in the water budget, can create dilemmas with water availability, delivery, and use as separate water providers prepare for growth within their own geographic boundaries. The Mt. Nebo Water Agency provides the opportunity for stakeholder involvement and boundary-spanning to occur between regional municipal and agricultural interests. Stakeholder involvement and boundary-spanning solutions are considered crucial factors for regional planning, particularly with resources like water that traverse political boundaries.
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Cairns, Maryann R. "Environment, Rights, and Waste in Bolivia: Addressing Water and Sanitation Processes for Improved Infrastructure". Scholar Commons, 2014. https://scholarcommons.usf.edu/etd/5197.
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Water and sanitation (WatSan) development projects impact both natural systems and societal structures where they are placed. A complex process of development, including inter-governmental policies, aid agencies, personal relationships, and community politics enhance and constrain the efficacy of these projects. This study presents the many ways in which the WatSan development process has unintended and unexpected returns for certain community groups. Using a political ecology framework, I look at power structures, perceived and projected environmental impacts, multiple stakeholders, and individual discourses to critique how the right to water and sanitation is implemented in a specific community context. This project advances anthropological thought by showing a praxis-based study that links theory, on-the-ground, ethnographic experience, policy recommendations, and theoretical injections which relate to a variety of audiences, both within and outside of the academy.
The project is conducted in two main field locations--La Paz and Sapecho, Bolivia. I employ a mixed-method approach, including interviews with development professionals and community members, a survey of water and sanitation users, focus groups with particularly impacted groups (e.g. water committees, students, and women), and various mapping techniques (GPS mapping, community-led) to address the space and place within which this project was realized. I give specific focus to sewage collection and wastewater treatment, two elements of the WatSan system that are distinctive in this rural developing-country context.
WatSan development is not just infrastructure placement. It is a full process, a relationship. It comprises individual conversations, days of work, salaries, payment schedules, labor, expertise, and ongoing management practices. Individual perceptions of infrastructure efficacy, personal benefit, and best practices (both culturally and technologically) impact the long-term effectiveness of a project. Major tensions arise post-implementation: between community and aid agency, conservation and use, labor and upkeep, and sanitation and potable water. There are multiple influences and positions subsumed in this process.
The study's political ecology approach, combined with foci on human rights, critical development, and water and culture, provides critical insights into the relationship between social and resource-based (water infrastructure) change. It looks at the ways in which the benefits and risks of a WatSan system are stratified, gendered, and power-laden. It further looks at the potential positive and negative outcomes of the system--all with an enviro-social focus. I look at how social and ecological relationships are tethered together (mutually constituted), how they are influenced by several levels of governance and policy. The experience of Sapecho shows how changes to WatSan environments can provide new water and sanitation access but in some cases, further engrain and exacerbate social inequalities. Provision of fresh water, sewage collection, and wastewater treatment infrastructure is not value-free--but it is necessary. This work tries to answer one small part of the question of how the right to water and sanitation can be best implemented in real-world situations.