Stefano Burchi, International Association for Water Law (AIDA), , stefano.burchi@gmail.com
Abstract
Key trends are detected in contemporary water legislation. They are: the steady attraction of water resources in the public domain of the state, and in the scope of governmental (or judicial) allocation authority; checking the government authority to allocate and re-allocate water resources, and improving the quality of relevant decision-making, through EIA requirements, water resources planning determinations, ecological flow requirements of rivers, and the “reserve”; controlled trading of water rights; raising the profile of the environment in the allocation and management of the resource (also referred to as the “greening” of water laws); charging for the use of water resources, and acknowledging the economic value of water through the “user pay” and the “polluter-pay” principles; capturing in varying degrees the land-water connection in regard to the control of water pollution from “non-point” sources, the protection of the recharge areas of aquifers, and flood control; the participation of water users in decision-making and implementation regarding, in particular, water sources under stress, and through their representation in the internal structure of the government special-purpose river basin administration; and the interface between statutory and customary water rights. These trends point to a few key issues which will inform the agenda of water law reform in the 21st century: reconciling security of tenure with risk and uncertainty; pursuing opportunities for efficiency gains in resource allocation, without neglecting equity; raising the profile of the environment in the allocation and re-allocation of water resources to competing uses; re-kindling the connection between water resources management regulation (and administration) and land use regulation (and administration); empowering users to shoulder greater responsibilities; and mapping out the interface between customary and statutory water allocation systems.
Keywords: water laws – water management regulation – land/water interface regulation