This thesis investigates the mechanisms that might be used to determine the rights and obligations of Turkey, Syria and Iraq to govern the Tigris and Euphrates River Basin (TERB) in accordance with the international water law. In particular, it advocates for the protection of Iraq?s equitable rights through the establishment of a legal and institutional framework for joint use of the TERB. As a contribution towards addressing the issues of transboundary water law at the TERB level, this thesis explores the possibilities for potential cooperation between the three riparian States of the TERB through forming a legally binding treaty under the auspices of contemporary international water law. From this perspective, the thesis hypothesises that international law provides a solid basis on which the State of Iraq can rely on for achieving its legal entitlements to the equitable and reasonable use of the TERB. In this context, the thesis first examines international law in order to establish how it applies to the TERB. Next, the thesis considers how the legal positions of the riparian States can be determined under international law. When the aforesaid requirements are met, the thesis makes recommendations on how international water law can strengthen the legal framework for equitable joint use of the TERB. The thesis offers the methodology and analytical framework that deals with different relevant issues covered within the scope of the thesis. Later on, water uses within the TERB are discussed, followed by a literature review of publications on contemporary Middle East transboundary water conflict and cooperation. Afterwords, the thesis examines the applicable international law and international water law to the riparian States of the TERB. Finally, it explores the legal regime of the inter-State relationships in order to foster improved transboundary water management of the TERB.

This thesis is a comparative law study of the national water laws of four jurisdictions - Scotland, England, South Africa and Queensland Australia. The purpose of the research was to develop an analytical framework for reform of national water law. The management of the water resource is a pressing global concern and law is one of the disciplines working to achieve this. As part of the global policy agenda for water, many states are reforming their national laws; many other actors are also engaged in these processes. However there is no framework for this area of law reform, no structure against which reform proposals can be assessed. This thesis attempts to draw out such a framework, by a primarily positivist and pragmatist analysis.

The rights and obligations of States concerning their shared transboundary groundwates are not fully understood. The primary reasons for this are the complex characteristics and behaviours of groundwater, and the lack of full understanding of its interconnection with the surrounding environment. Consequently, States appear to be reluctant in concluding legally binding arrangements that specifically address this topic. This complexity is further intensified under difficult political situations, whereby the Parties sharing groundwater are unable to foresee the benefits of cooperation concerning this resource. This thesis represents an inquiry into the rules and principles governing the utilization of shared transboundary groundwater, and how cooperative frameworks can be initiated implemented, in the complex political context of the Mountain Aquifer shared between Israel and Palestine. The main objective of this thesis is to achieve an integrative mutually beneficial arrangement in the case of the Mountain Aquifer, based on lessons learnt from international law. The proposal for approaching the problem within the Palestinian-Israeli context is to progressively establish a solid basis for long-term sustainable arrangements. The progressive approach starts with a non-binding flexible arrangement that can serve the short-term need, which gradually builds up into a final legally binding arrangement based on international law.

The Vaquita marino (Phocoena sinus) is the smallest, most recently discovered, most limited in its distribution, and most highly endangered of all the Cetaceans. Two risk factors have been identified in the Vaquita’s conservation; mortalities due to bycatch in the artisanal fishing fleet in the Upper Gulf of California, and environmental disturbance. The habitat disturbance risk factor is a direct result of the desiccation of the Colorado River Delta because of extensive water diversions form the Colorado River by the dam system within the United States. Significant disagreements exist as to the relative impacts of the two risk factors and how a conservation plan should be developed. This paper utilizes existing data in the literature to display that in fact there is no correlation between the impact of bycatch, and that the Vaquita’s population is depressed because a critical portion of its ecosystem, the Colorado River Delta has been destroyed. This paper argues that a restored Colorado River Delta is critical habitat for the recovery of the Vaquita under the Endangered Species Act and that the ongoing diversion of water from the Colorado River Delta by the US dam system is a violation of the Endangered Species Act. The violation of the Endangered Species Act through the destruction of the Colorado River Delta can have significant economic and social impact in the Western United States.

Although most of the earth is covered in water, a very limited amount of that water is fresh water, which is essential to our survival. Therefore, it is imperative that we do all that is possible to conserve and protect our extremely limited water resources, especially in arid regions such as the American West. While there are many ways and means to protecting and preserving our water resources, this thesis focuses on the strategy of rainwater harvesting (RWH) as it is done throughout the state of Utah. RWH is defined as taking the precipitation that falls on our built structures and putting it to good use when it would often otherwise end up in gutters, pipes, and storm drains to be processed and/or disposed of at a distant location. RWH systems consist of several different components including a catchment area (usually, but not always, a rooftop), gutters, a place for storage, and some way of future dispersal and use of the collected water. There are numerous documented benefits to RWH. Historically, RWH has not been allowed in states—such as Utah—that follow the doctrine of prior appropriation, which strongly defends the case for water rights and affirms that senior water rights should not be infringed upon. According to the law, when someone practiced RWH they were infringing on the water rights of others. However, in 2010, the Utah State Legislature modified these long-standing laws to allow residents of Utah to legally harvest up to 2,500 gallons at a time without fear of infringement on others’ water rights. Since then, many Utahans have adopted RWH. However, the number of Utah residents who are practicing RWH is still a tiny percentage of the entire Utah population. This research included surveying self-identified rainwater harvesters throughout Utah and sought to discover and understand their motivations for adopting the practice. This information has the potential to assist planners, water districts, water managers, cities, state agencies, and legislators in persuading others throughout the state to also adopt the practice. It was found that an emergency supply of water and concern for the environment are the most important motivators for Utah rainwater harvesters. Unsurprisingly, financial savings also had a significant influence on harvesters and their decision to practice RWH, although they spent considerably less on their RWH systems than is typically spent in other states and countries. A secondary aspect of the research was to examine Utah State Senate Bill 32, the current law in Utah concerning RWH. It was found that the current laws are written in a restrictive manner and should be changed and adjusted in order for a greater percentage of the Utah population to be motivated to adopt RWH.

This research seeks to understand how wetlands maintain a water supply in the Bear River Basin, where water is generally scarce. Research was conducted through semi-structured interviews with wetland and water experts in the basin and archival research of historical documents and water rights. The U. S. Fish and Wildlife Service manages three refuges on the Bear River, and has obtained water rights portfolios for each. Holding water rights does not ensure that there will be water available for refuge wetlands. Instead, position in relation to other powerful water users is the most important factor in determining the security of a refuge's water supply and the threats faced from drought. All refuges must manage their water because the human-hydrology of the river is complex and variable; this requires a combination of infrastructure and planning. Maintaining relationships with other water users is another important adaptation to the human-hydrology of the river, because all water users along the river are interconnected. Recognizing that they face the same threats to their water supply allows wetland managers and irrigators to cooperate in order to maintain the water supply for their region of the river and increases adaptability as the region faces climate change. The Bear River Migratory Bird Refuge is the oldest refuge on the river and has the least secure water supply, despite having the largest water rights portfolio. Because it is chronically short of water during the summer, refuge staff have developed an adaptive management strategy to effectively utilize the water they do receive. Management involves predicting water supplies each year, setting water level targets accordingly, actively diverting water to priority wetlands, and allowing non-priority wetland to dry. This is followed by extensive monitoring of habitat conditions and bird use, the results of which are shared in annual management plans. This strategy maintains the most wildlife habitat possible and offers important institutional adaptations. Most importantly, it demonstrates the refuge's water rights are being put to beneficial use. Sharing knowledge gained through management also builds trust and adaptive capacity among water users facing the complex human-hydrology at the end of the Bear River.

Includes bibliographical references (p. 319-347) Mode of access: Internet via World Wide Web. Available at: http://business.unisa.edu.au/waterpolicylaw/documents/thesis.pdf Selected for archiving SSL

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This item was digitized as part of the Million Books Project led by Carnegie Mellon University and supported by grants from the National Science Foundation (NSF). Cornell University coordinated the participation of land-grant and agricultural libraries in providing historical agricultural information for the digitization project; the University of Arizona Libraries, the College of Agriculture and Life Sciences, and the Office of Arid Lands Studies collaborated in the selection and provision of material for the digitization project.

South Africa is a semi-arid country virtually surrounded by water, yet fresh water is a scarce commodity and much of the population is currently without potable water. Water is the essence of life and a renewable resource that changes through the hydrological cycle. The 1996 Constitution produced a new framework for water legislation in South Africa, culminating in National Water Act, 1998 and the Water Services Act, 1997. This study assesses the change in the approach to water resource management brought about by these Acts. In addition, the Water Research Act, 1971 was reviewed. This legislation introduces an holistic approach of integrated water resource management that recognises mutual dependence of water and land management at local catchment level to ensure sustainability. Water is also no longer divided between private and public sectors, but is deemed to be a national resource under the trusteeship of the State for the benefit of present and future users to ensure the Constitutional right of access to sufficient water. Additional important features include: recognition of the hydrological cycle; the concept of a Reserve; change of institutional responsibility from national to catchment management with associated cooperative governance and public participation; receiving water quality objectives of the individual resource; and demand management approach to water supply. Implementation of this approach is through a two-tier strategy, namely a national water research strategy and catchment management strategies for each defined water management area, that will link to the water services development plans. The national strategy filters fundamental principles to each catchment strategy, focusing on the water resource as well as potential pollution sources. In turn, each catchment strategy will provide information for input into the national strategy and water resource information system. The water services development plan will provide data for the water services and water resources national information systems, as well as the catchment strategy. However, the National Government policy of providing basic water services free may hinder the financial sustainability in effectively providing this function. These strategies and plans are part of a planning process that requires review and progressive improvement and change according to the changing needs of both the resource and society. The institutions responsible for driving this process are the catchment management agency for the catchment strategy and the water services authority for the water services development. Overall the approach to water resource management in South Africa is based on classification of river systems; determination of the reserve; international obligations; and equitable and sustainable allocation of the remaining resource through licensing and registration. Although integration and sustainability are complex issues, the Acts provide a competent framework for the link between water resources protection and water services provision. Success and sustainability of water resources management in South Africa is dependent on cooperative governance, integration of environmental factors, public participation and education, administrative compliance and financial capacity. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 2003.