IWRA - 1st ISLANDS WATER CONGRESS
Islands Administration: Islands, Water and Regulation (RS13)
Author(s): Gabriel Eckstein
Gabriel Eckstein, Texas A&M University School of Law, Fort Worth, USA
Article: PDFOral: PDFAbstractThe regulation of groundwater resources in many nations around the globe is not welldeveloped and lags behind the domestic governance of surface water resources. As a result, these subsurface resources are often subject to unfettered extractions, uses, and contamination. A main challenge in developing sound regulations for these hidden resources is the lack of a clear ownership regime. Where groundwater ownership is undefined or unclear, it makes regulatory implementation and enforcement challenging since no one is identified as accountable for the use, management, or exploitation of the resource, or for negative consequences that might ensue. It also makes it difficult to identify
the party responsible for violations of law. This is true regardless of whether the country is an island nation or continent-based nation.