The growth of industrialization has increased waste pollution, especially water pollution. Industries and individuals produce pollutants that are discharged into waters. Uncontrolled water pollution results in health hazards to human beings, animals and other living things. Thus there is a need to impose water pollution control measures which can reduce pollution to an extent where very little pollutants are discharged into waters. Many states have enacted statutes for controlling water pollution, as they believe this is the best way to impose measures to achieve the safety of waters. Legislations impose measures, such as a permit and its conditions, that must be respected to discharge pollutant or trade effluent into waters, otherwise the discharger becomes a polluter and liable to criminal sanctions. Statutes create offences and penalties for water polluters. They provide fines or imprisonment, or both, and severely punish a subsequent offender. In most countries, a continuing offence is criminalised. Corporations, as well as corporate officers, are punished for the offence of polluting waters or other environmental crimes. This is because environmental law does not allow corporate officers to hide behind the legal structure of the corporation. Some measures such as remediation or clean-up orders are implemented before a prosecution is engaged, in order to ensure the protection of the environment. Environmental audit or service orders emphasise the protection of the environment and may prevent future pollution of waters. Environmental service orders rectify one of the criticisms of fine or imprisonment, in that they fail to restore the environment to its previous condition. Most environmental crimes are caused not by a deliberate intention or negligence, but by poor or ineffective management systems. As a result, environmental audit orders may be used to detect and correct an inappropriate management system. Environmental law should be a user-friendly and prosecution must be used as a last resort. This dissertation examines offences and penalties for water pollution in South Africa, the United Kingdom, the United States of America and Australia and offers a comparative analysis and recommendations for South Africa. These countries have been selected not only because they are developed and tend to have best laws, but they are also located in different continents. The examination and analysis of how they provide offences and penalties for water pollution gives a chance to South Africa to find recommendations on how it may improve its legislation and maintain its water quality. / Thesis (LL.M)-University of KwaZulu-Natal, Pietermaritzburg, 2008

xi, 129 p. A print copy of this thesis is available through the UO Libraries. Search the library catalog for the location and call number. / Climate change is disrupting the underpinnings of effective water management by profoundly impacting hydrological patterns. Political entities mandated with freshwater management must respond to society's water needs as availability fluctuates and, in doing so, will encounter difficult ethical dilemmas because existing water laws are ill-equipped to resolve such problems. This thesis takes Chile's water laws as representative of the challenges in addressing ethical disparities arising from freshwater management in a changing climate and proposes that "water ethics" can effectively be used to manage freshwater resources. I examine the 1981 Water Code with a critical eye towards ethical shortcomings and also examine distributive impacts upon indigent farmers and indigenous communities. I conclude that Chile's existing water laws are inequitable because they deny legitimacy to diverse socio-cultural norms regarding water use. Principles of modern water laws must incorporate diverse cultural water laws using a legally pluralistic and ethical approach to management. / Committee in Charge: Dr. Anita M. Weiss, Chair; Professor Derrick Hindery; Professor Stuart Chinn

The broad scope of this research concerns the field of conflict and dispute resolution, also referred to as alternative dispute resolution (ADR). ADR practices have developed in both executive and judicial branches of government since the early 1900’s. The goal of this paper is to evaluate how ADR practitioners working in water-related civil litigation can apply facilitative practices prior, during, and after the proceeding to reduce harm, cost, and time of litigation and increase the overall satisfaction of the parties when the proceeding has been resolved. To achieve this goal, a framework is constructed and applied to a case study in Cascade Locks, Oregon. This framework is not a way to avoid a court proceeding through use of alternative dispute resolution; instead this paper seeks to add facilitative practices to a civil litigation process to make the entire process more efficient to the parties and effective in resolving the dispute.

California endured an extreme and prolonged drought from 2012 until the winter of 2017, offering a fascinating yet tragic example of how drought impacts lives. Despite this recent and stark phenomenon, there is surprisingly little information about its effects and implications. This thesis aims to lessen this knowledge gap by asking how severe the drought was, how well the state responded, and what policies would increase California’s water security. It answers these questions by exploring the Golden State’s long and complicated water management history, which is necessary to understand the current drought policy framework; then, it collects the emerging literature concerning the drought’s multifaceted effects into one of the first state-wide meta-analyses. With this perspective, it becomes clear that the most severe drought vulnerability is in the agricultural sector—alone costing Californians billions of dollars—but spreads into a host of other economic and ecological effects. Australia provides an apt comparison and some potential lessons, including agricultural water efficiency, market solutions, a more consistent drought culture, and innovative water supply solutions. In addition to offering some infrastructure and public education solutions, Australia’s example hints that the California state government may need to assume a heightened enforcement and information-gathering role in order to more efficiently manage scarce water resources. Nonetheless, as the State emerges from drought and looks to an uncertain future—where the next drought may already be upon us—the extent to which California proactively adopts drought strategies will not only affect millions of lives and billions of dollars, but must be at the forefront of ethical, forward-looking, and cost-minimizing resource management.

The difficulty involved addressing issues related with water management in Peru is the article’s starting point. Therefore, the water issue approach is introduced explaining its administrative procedures, the rights involved and making a critical analysis of 2008 Water Resources Law. Finally, the need for an integrated management analysis of the water resource is highlighted by integrally understanding the General Water Law as well as the current Water Resources Law, and encouraging dialogue among social actors involved in order to avoid future conflicts. / El artículo toma como punto de partida la dificultad de abordar los temas relacionados con la gestión del agua en el Perú. Por ello, nos presenta un acercamiento al tema hídrico, explicándonos sus modalidades administrativas, los derechos que involucra y un análisis crítico de la Ley de Recursos Hídricos del año 2008. Finalmente, nos plantea la necesidad de analizar la gestión integrada del recurso hídrico comprendiendo integralmente la Ley General de Aguas y la actual Ley de Recursos Hídricos y fomentando el diálogo entre los diversos actores sociales involucrados para evitar futuros conflictos.

Orientador: Hildebrando Herrmann / Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Geociências / Made available in DSpace on 2018-08-21T09:41:34Z (GMT). No. of bitstreams: 1 Esteves_CristinaCampos_D.pdf: 3209316 bytes, checksum: 61d3eec784fef7e3b823973b0520be08 (MD5) Previous issue date: 2012 / Resumo: Na atualidade, a regulamentação jurídica das águas minerais no Brasil é realizada pelas normas do Código de Águas Minerais - Decreto-lei nº 7.841, de 8 de agosto de 1945 - que expressamente submete a gestão destas águas ao Código de Mineração - Decreto-lei nº 227, de 28 de fevereiro de 1967. Para a lei vigente, as águas minerais são preponderantemente consideradas um recurso mineral que produz efeitos medicamentosos nos termos do conceito objeto do art.1º do Código de Águas Minerais. O conceito aludido tem origem histórica e foi positivado no Brasil com fundamento na ciência da Crenologia segundo o modelo europeu vigente à época. Todavia, com o advento da Constituição da República de 1988, o conceito em vigência do que seja água mineral e seu regime jurídico deixaram de ser recepcionados. A nova ordem constitucional atribuiu a toda água a natureza jurídica de bem de uso comum do povo, determinando sua inclusão na Política Nacional de Recursos Hídricos e gestão por meio do Sistema Nacional de Recursos Hídricos. A alteração do paradigma é sustentada pelas mudanças perpetradas na realidade. Sabe-se atualmente que todas as águas hão de ser compreendidas como parte de um único todo em razão dos mecanismos do ciclo hidrológico. Assim, a gestão das águas, da mesma forma, há de ser objeto de um sistema único em razão da necessidade premente de conhecermos os reais volumes explotados deste recurso indispensável à vida humana como forma de materialização de uma gestão responsiva e sustentável que assegure a existência das futuras gerações. Historicamente as águas minerais deixaram de ser usadas como medicamentos em razão do desenvolvimento da farmacologia. Nos dias atuais o crescimento da demanda por água mineral guarda relação com o aumento da população indicando a preponderância do uso alimentício deste recurso que hoje é objeto de múltiplos usos. Nesse contexto, a água mineral não há de fazer jus a gestão que a separe das demais águas, devendo ser compreendida como recurso ambiental multifuncional de uso comum de todos / Abstract: Nowadays, the legal regulation of mineral water in Brazil is carried out by the rules of the of Mineral Waters Code - Decree-Law No. 7841 of August 8, 1945 - which expressly submits the management of these waters to the Mining Code - Decree-Law No. 227 of February 28, 1967. Under current law, mineral waters are mainly considered a mineral resource that produces pharmacological effects in terms of the concept objectified in art. 1st of the Mineral Waters Code. The aforementioned concept has historical origin and was embodied in law in Brazil based on mineral waters science and according to the European model prevailing at the time. Nevertheless, with the arrival of the 1988 Constitution, the once prevailing concept of what was considered mineral water and its legal status were no longer approved. The new constitutional order conveyed to all water the legal nature of asset for the common use of the people, determining its inclusion in the National Water Resources Policy and its management through the National System of Water Resources. The paradigm shift is supported by the changes enacted in reality. It is now known that all waters are to be understood as part of a single whole because the mechanisms of the hydrological cycle. Thus, water management, likewise, is subject to a single system because of the pressing need to know the actual explored volumes of this resource so essential to human life as a form of materialization of a responsive and sustainable management that assures existence to future generations Historically mineral waters stopped being used as drugs due to the development of pharmacology. Currently the growing demand for bottled water is related to population growth indicating the preponderance of the feeding use of water that today is subject to multiple uses. In this context, mineral water is not to follow the management that separates it from other waters, unless it is included within the National System of Water Resources Management - SNGRH object of the National Policy of Water Resources provided by the 1988 Constitution. In this context, mineral water is not to follow the management that separates it from other waters, it should be understood as a multifunctional environmental resource for the common use of all / Doutorado / Geologia e Recursos Naturais / Doutora em Geociências

The history of California is in many ways a story about water, and the outsized effect that droughts, floods, and seasonal precipitation rates have had on the political and economic development of the state over the past 170 years.  This thesis uses discourse analysis of historical and ongoing negotiations that have been presented in federal and state reports, narratives, case laws and legislation to explore how the discourse around water politics has been shaped in the state.  From this, an antiessentialist environmental history develops around the relationship between overdrafted groundwater basins in the Central Valley and the agriculture industry located there.  Finally, this thesis explores what the future of a waterscape built during the capitalization of modern society may look like as we move towards a new regime of nature.

The State of Texas is endowed with many valuable resources. It has vast oil and gas deposits, huge timber reserves, and land in abundance. Not least among its re sources is water, the key resource. It is water, even before food, which sustains all life on this earth. Without water the human processes of agriculture, industry, and commerce would be impossible. Water serves as a major source of energy, transportation, and recreation. It is not a risky statement to make that water, above everything else on this earth except land, permits man to exist.

The relevance of sanitation and sustainability is manifested in the promotion of public health, improvement of quality of life, and ensuring access to basic services as essential human rights. The comparative analysis between the cities of Caçador, Videira, and Concórdia, in Santa Catarina, in Brasil, and Sault Ste. Marie, Thunder Bay, North Bay, Chatham-Kent, Woodstock, and Kenora, in Ontário, in Canadá, allows for the identification of differences and similarities in sanitation systems, understanding of challenges and opportunities, and consequently, the foundation for effective public policies aimed at improving access to sanitation. The present study aims to analyze the situation of Brazilian municipalities concerning the Sustainable Development Goals (SDGs) 6 and 11, in comparison with Canadian municipalities. The methodology employed in the research encompasses a qualitative and descriptive approach, grounded in literature review, analysis of scientific publications, legal documents, and quantitative data. The comparison focused on access to household sanitation, specifically on the provision of potable water and sewage disposal, due to the availability of information. The work mentions the main challenges faced by both countries in rural and indigenous areas. The study emphasizes the importance for Brazil to invest in infrastructure, implement effective public policies, and promote international cooperation to ensure sustainable development, as well as improving the health and quality of life of its population. Given the current regulatory context, the perpetuation of concessions in the sanitation sector in the country could be an effective strategy to accelerate the expansion and modernization of networks for potable water supply, sewage treatment, urban cleaning, solid waste management, and drainage.

A study of 160 legal cases involving sanitary engineering facilities was made. Each case was read, summarized, and commented upon by the writer. Emphasis was placed on the engineering information contained in each case, with discussion of legal principles which pertain to the particular engineering situation. The case discussions were then categorized as to the predominant engineering topic involved and arranged accordingly. The purpose of this arrangement by engineering topic, rather than the usual legal topic, was to make available to the engineering profession a reference which will enable the engineer to better obtain information regarding a specific situation. Prior to this presentation, references have categorized these cases within over four-hundred legal topics. Litigation directly or indirectly involving sanitary engineering facilities has increased over the last twenty years, partially in response to an increased awareness of water pollution. The cases reflect the regional differences in legal philosophy. More state courts recognize the liability of engineers. Much litigation can be avoided by the engineering profession's recognition that adequate supervision and inspection of construction, knowledge of subsurface conditions, and the use of correct contract and specification language are integral parts of the sanitary engineer's professional responsibilities. Engineering colleges should offer more training in those areas. / M. S.