This article has multiple issues. Please help improve it or discuss these issues on the talk page . (Learn how and when to remove these template messages)
|
Part of a series on |
Environmental law |
---|
Pollution control law |
Natural resources law |
Reference materials |
Related topics |
|
Water resources law (in some jurisdictions, shortened to "water law") is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, and is distinct from laws governing water quality. [1]
Water is ubiquitous and does not respect political boundaries. Water resources laws may apply to any portion of the hydrosphere over which claims may be made to appropriate or maintain the water to serve some purpose. Such waters include, but are not limited to:
The history of people's relation to water illustrates varied approaches to the management of water resources. "Lipit Ishtar and Ur Nammu both contain water provisions, pre-date Hammurabi by at least 250 years, and clearly provide the normative underpinnings on which the Hammurabi Code was constructed."[ citation needed ] The Code of Hammurabi was one of the earliest written laws to deal with water issues, and this code included the administration of water use. At the time the code was written in ancient Mesopotamia, the civilizations in the surrounding lands were dependent on the Tigris and Euphrates rivers to survive. As a result, the leaders needed to develop intricate canal and irrigation systems to sustain their needs for the water. [2] The code was developed about 3,800 years ago by King Hammurabi of Babylonia. [3]
Water is uniquely difficult to regulate, because laws are designed mainly for land. Water is mobile, its supply varies by year, season, and location, and it can be used simultaneously by many entities. [4] As with property law, water rights can be described as a "bundle of sticks" containing multiple, separable activities that can have varying levels of regulation. For instance, some uses of water divert it from its natural course but return most or all of it (e.g. hydroelectric plants), while others consume much of what they take (ice, agriculture), and still others use water without diverting it at all (e.g. boating). Each type of activity has its own needs and can in theory be regulated separately. There are several types of conflict likely to arise: absolute shortages; shortages in a particular time or place, diversions of water that reduce the flow available to others, pollutants or other changes (such as temperature or turbidity) that render water unfit for others' use, and the need to maintain "in-stream flows" of water to protect the natural ecosystem.
One theory of history, put forward in Karl August Wittfogel's book Oriental Despotism: A Comparative Study of Total Power , holds that many empires were organized around a central authority that controlled a population through monopolizing the water supply. Such a hydraulic empire creates the potential for despotism, and serves as a cautionary tale for designing water regulations.
Water law involves controversy in some parts of the world where a growing population faces increasing competition over a limited natural supply. Disputes over rivers, lakes and underground aquifers cross national borders. [5] Although water law is still regulated mainly by individual countries, there are international sets of proposed rules such as the Helsinki Rules on the Uses of the Waters of International Rivers and the Hague Declaration on Water Security in the 21st Century.
Long-term issues in water law include the possible effects of global warming on rainfall patterns and evaporation; the availability and cost of desalination technology; the control of pollution; and the growth of aquaculture.
The legal right to use a designated water supply is known as a water right. There are two major models used for water rights. The first is riparian rights, where the owner of the adjacent land has the right to the water in the body next to it. The other major model is the prior appropriations model, the first party to make use of a water supply has the first rights to it, regardless of whether the property is near the water source. [6] Riparian systems are generally more common in areas where water is plentiful, while appropriations systems are more common in dry climates. As water resource law is complex, many areas have a combination of the two models.
The right to use water to satisfy basic human needs for personal and domestic uses has been protected under international human rights law. When incorporated in national legal frameworks, this right is articulated to other water rights within the broader body of water law. The human right to water has been recognized in international law through a wide range of international documents, including international human rights treaties, declarations and other standards. Additionally, the United Nations passed a resolution stating that the member states "recognizes the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights." [7]
The human right to water places the main responsibilities upon governments to ensure that people can enjoy "sufficient, safe, accessible and affordable water, without discrimination". Most especially, governments are expected to take reasonable steps to avoid a contaminated water supply and to ensure there are no water access distinctions amongst citizens. Today all states have at least ratified one human rights convention which explicitly or implicitly recognizes the right, and they all have signed at least one political declaration recognizing this right.
Under the Constitution Act, 1867 , jurisdiction over waterways is divided between the federal and provincial governments. Federal jurisdiction is derived from the powers to regulate navigation and shipping, fisheries, and the governing of the northern territories, which has resulted in the passage of:
Provincial jurisdiction is derived from the powers over property and civil rights, matters of a local and private nature, and management of Crown lands. In Ontario, Quebec and other provinces, the beds of all navigable waters are vested in the Crown, in contrast to English law. [8] All provincial governments also govern water quality through laws on environmental protection and drinking water, such as the Clean Water Act in Ontario.
Water law in Australia varies with each state.
The Tasmanian Water Corporation compulsorily acquired all drinking water supply infrastructure previously managed by local councils This policy was not popular with all local councillors. [9]
Seventh program of Iranian government in 2023-22 ordered the preparing and deployment of a new the bureau of unified water resource administration system. [10]
In the United States there are complex legal systems for allocating water rights that vary by region. [5] These varying systems exist for both historical and geographic reasons. Water law encompasses a broad array of subjects or categories designed to provide a framework to resolve disputes and policy issues relating to water:
The law governing these topics comes from all layers of law. Some derives from common law principles which have developed over centuries, and which evolve as the nature of disputes presented to courts change. For example, the judicial approach to landowner rights to divert surface waters has changed significantly in the last century as public attitudes about land and water have evolved. Some derives from state statutory law. Some derives from the original public grants of land to the States and from the documents of their origination. Some derives from state, federal and local regulation of waters through zoning, public health and other regulation. Non-federally recognized Indian tribes do not have water rights.
Many states in the Midwestern US, such as Wisconsin, North Dakota, South Dakota, Nebraska, and Kansas, employ a riparian system of law when it comes to water resources. [11]
Private companies are obliged to publish annually a sizeable report providing a relevant amount of nationwide comparable data on costs, revenues, profits, and performance levels. An independent regulatory authority of the water industry sector analyzes private companies outcomes and sets an allowed level of return which is not fixed and incentive-based. Privatizations in the UK were driven by an historical under-investment on an asset-intensive sector. [12]
For countries within the European Union, water-related directives are important for water resource management and environmental and water quality standards. Key directives include the Urban Waste Water Directive 1992 [13] (requiring most towns and cities to treat their wastewater to specified standards), and the Water Framework Directive 2000/60/EC, which requires water resource plans based on river basins, including public participation based on Aarhus Convention principles. See Watertime — the international context, Section 2.
Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.
The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands.
Riparian water rights is a system for allocating water among those who possess land along its path. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada, Australia, New Zealand, and states in the eastern United States.
In the American legal system, prior appropriation water rights is the doctrine that the first person to take a quantity of water from a water source for "beneficial use" has the right to continue to use that quantity of water for that purpose. Subsequent users can take the remaining water for their own use if they do not impinge on the rights of previous users. The doctrine is sometimes summarized, "first in time, first in right".
Water right in water law is the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each.
United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States. While subject to criticism at home and abroad on issues of protection, enforcement, and over-regulation, the country remains an important source of environmental legal expertise and experience.
The California Department of Water Resources (DWR) is part of the California Natural Resources Agency and is responsible for the management and regulation of the State of California's water usage. The department was created in 1956 by Governor Goodwin Knight following severe flooding across Northern California in 1955, where they combined the Division of Water Resources of the Department of Public Works with the State Engineer's Office, the Water Project Authority, and the State Water Resources Board. It is headquartered in Sacramento.
The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude.
Water politics, sometimes called hydropolitics, is politics affected by the availability of water and water resources, a necessity for all life forms and human development.
Water trading is the process of buying and selling water access entitlements, also often called water rights. The terms of the trade can be either permanent or temporary, depending on the legal status of the water rights. Some of the western states of the United States, Chile, South Africa, Australia, Iran and Spain's Canary Islands have water trading schemes. Some consider Australia's to be the most sophisticated and effective in the world. Some other countries, especially in South Asia, also have informal water trading schemes. Water markets tend to be local and informal, as opposed to more formal schemes.
Public water supply and sanitation in the United Kingdom are characterized by universal access and generally good service quality. Unlike many other developed countries, the United Kingdom features diverse institutional arrangements across its constituent parts:. In England and Wales, water services are primarily provided by privatized companies, while in Scotland and Northern Ireland, these services are managed by publicly owned entities. Each region's unique approach is explored in separate articles, while this article is devoted to some common issues across the United Kingdom.
To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. At the local level, regulation usually is supervised by environmental agencies or the broader public health system. Different jurisdictions often have different levels regulation and policy choices about pollution. Historically, polluters will lobby governments in less economically developed areas or countries to maintain lax regulation in order to protect industrialisation at the cost of human and environmental health.
California's interconnected water system serves almost 40 million people and irrigates over 5,680,000 acres (2,300,000 ha) of farmland. As the world's largest, most productive, and potentially most controversial water system, it manages over 40 million acre-feet (49 km3) of water per year. Use of available water averages 50% environmental, 40% agricultural and 10% urban, though this varies considerably by region and between wet and dry years. In wet years, "environmental" water averages 61%, while in dry years it averages 41%, and can be even lower in critically dry years.
Water quality laws govern the protection of water resources for human health and the environment. Water quality laws are legal standards or requirements governing water quality, that is, the concentrations of water pollutants in some regulated volume of water. Such standards are generally expressed as levels of a specific water pollutants that are deemed acceptable in the water volume, and are generally designed relative to the water's intended use - whether for human consumption, industrial or domestic use, recreation, or as aquatic habitat. Additionally, these laws provide regulations on the alteration of the chemical, physical, radiological, and biological characteristics of water resources. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments. Water quality laws provides the foundation for regulations in water standards, monitoring, required inspections and permits, and enforcement. These laws may be modified to meet current needs and priorities.
Water law in the United States refers to the Water resources law laws regulating water as a resource in the United States. Beyond issues common to all jurisdictions attempting to regulate water's uses, water law in the United States must contend with:
Water resource policy, sometimes called water resource management or water management, encompasses the policy-making processes and legislation that affect the collection, preparation, use, disposal, and protection of water resources. The long-term viability of water supply systems poses a significant challenge as a result of water resource depletion, climate change, and population expansion.
The Canadian Navigable Waters Act is one of the oldest regulatory statutes enacted by the Parliament of Canada. It requires approval for any works that may affect navigation on navigable waters in Canada.
The Porter-Cologne Water Quality Control Act is clean water act of California that expanded the enforcement authority of the State Water Resources Control Board and the 9 Regional Water Quality Control Boards. The act provided for the California Environmental Protection Agency to create the local boards and better protect water rights and water quality.