Equitable utilization is the fundamental rule of international water law. It is the doctrine responsible for the fair allocation of international waters as between different water uses and users. Equitable utilization is a process whereby the interests of each watercourse state are taken into consideration on a case-by-case basis over time and as circumstances change. The process occurs through political negotiations, with an equitable outcome as the goal. However, the debilitated state of many transbouhdary watercourses today indicates that equitable utilization - despite its admirable goals - is failing to resolve the tragedy of the global freshwater commons. With growing demands on water resources due to increasing world population, economic industrialization and increasing awareness of the need for environmental conservation, water management is an issue that will only become more pressing. Watercourses that flow between two or more states face additional challenges in that the water resources must be shared between them. The central question of this thesis is whether greater use of economics would help the equitable utilization paradigm lead to higher standards of water management between upstream and downstream states. The benefits of the economic approach include optimal efficiency of water use, political feasibility in water negotiations, and flexibility across time and regions. Although there are technical, distributive, and moral limitations to the use of economic principles, they can be sufficiently addressed such that the economic approach ought to be a central part of the solution to the problem of global water scarcity. Greater use of economic incentives needs to be made within equitable utilization regimes. Sensible ' pricing of water is imperative. Markets for water, however, are not yet a feasible option because they require well-defined, secure, and enforceable property rights in water, all of which are difficult to achieve at the international level. / Law, Peter A. Allard School of / Graduate

The objectives of the study are to: (1) Critically analyse the 1959 Nile River agreements from a human rights perspective (2) examine the applicability of international human rights law in water distribution and use and (3) investigating how human rights norms and principles can be used, if at all, as a means of solving water conflicts over the use of trans-boundary rivers. The study adopts a human rights approach in its consideration of the problem of conflicts that may arise in connection with the use of trans-boundary rivers. It is particularly significant as it seeks to explore the solution from the human rights of the people in the riparian countries. It is believed that the study will contribute to the development of basin-wide cooperation among riparians by being employed in negotiations and planning of projects. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2008. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Raymond A. Atuguba of the Faculty of Law, University of Ghana Legon, Accra, Ghana / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

In Europe, about 353 km3 of water are abstracted every year from natural resources . Water resources are used for very diverse activities including, energy production, agriculture, domestic uses and industry. Competing uses between the different sectors can lead to overabstraction where demand exceeds resources availability. The 2012 Blueprint to Safeguard Europe’s Water Resources identified non-authorised water abstractions, i.e. water abstractions without permits or exceeding the authorised amounts, as a cause of overabstraction and advocates the surveillance of water abstractions in each Member State . This thesis report aims at studying the potential of Earth Observation technologies to detect non-authorised water abstractions. It briefly introduces the existing legal framework for water abstraction in Europe in order to better understand current challenges for the detection of non-authorised water abstraction and tries to assess the strengths and weaknesses of methods, for the detection of illegal withdrawals, relying on Earth Observation-derived data. The combination of field measurements with Earth Observation-derived information addresses a certain number of issues experienced with the traditional field measurements alone approach (e.g. time and cost efficiency). However, it does not solve other issues related to governance and administrative aspects and heavily relies on weather and climatic conditions, which make Earth Observation methods non compatible with some regions in the European Union (EU). Besides this approach requires having access to a large number of data and major efforts are necessary to ensure a good coordination and communication between the different competent authorities responsible for the management of water abstractions and the entities which own the required data.

Tribal water rights and instream flows for species listed under the Endangered Species Act (ESA) have been a source of tensions in the western United States, particularly when tribes have undetermined water rights to support tribal fisheries listed under the ESA. Understanding the mechanics of past tribal settlements and their strengths and weaknesses in resolving disputes over instream flows for tribal trust fisheries listed under the ESA will allow parties involved in negotiations to evaluate whether similar provisions should be incorporated into future settlements. A review of the 27 congressionally approved tribal water settlements for instream flow and ESA provisions revealed that instream rights were either established as junior rights or reallocated from existing rights. The ESA was a factor in many of the settlements; however, only one actively incorporated ESA tools as part of the benefits of the settlement. After this preliminary evaluation, a comparative analysis framework with 28 criteria for evaluating environmental conflict resolution was applied to the Nez Perce Water Rights Settlement and Pyramid Lake Paiute Water Rights Settlement to identify strengths and weaknesses of using tribal water settlements as a means to resolve disputes involving instream flow claims. From my analysis, I conclude that tribal water settlements offer unique opportunities to shift the status quo and address historic inequities while minimizing harm to existing water users; however, settlement agreements may not result in an outcome that reduces conflict without a concerted effort to establish a fair process and minimize the impacts of the agreement on other parties. Furthermore, despite the many benefits of settlement agreements, since they have not delivered time-immemorial rights for fisheries, other options will likely be a continued consideration for tribes seeking to restore fisheries. However, while litigation presents a risky though lucrative outcome, rights under state law are in line with what has been granted in settlements. Given the time, effort and cost associated with settlements, I suggest that since tribal water right settlements generally use state tools to establish instream flows, states and tribes may reduce future conflict by proactively working together to establish instream flows through existing state water reallocation mechanisms. / Graduation date: 2012

Arizona is presently in the midst of a general adjudication for the Gila River system -- the watershed which comprises the southern two- thirds of the state. The purpose of the adjudication is to prioritize all water claims in the river system: both state -established and federally reserved rights. Arizona adheres to a bifurcated (or divided) system of water law which only recognizes a component of ground water -- called subflow -- to be appropriable. Wells which pump non-appropriable water -- called tributary flow -- are not to be included in the adjudication. The problem is that federal laws do not recognize this artificial bifurcation. The challenge lies in identifying a subflow zone which satisfies the hydrologic fiction of existing state precedents and the hydrologic reality of federal statutes. At the core of the problem lies the fate of Arizona's perennial stream water and the fulfillment of federally reserved tribal water rights. Thus, larger questions loom: can Arizona law reconcile its glutinous past with a water -scarce future, will the adjudication ever reach a finality, and even if it does, will it be a finality that all sides can live with?

Thesis (MBA)--Stellenbosch University, 2005. / Some digitised pages may appear illegible due to the condition of the original hard copy / ENGLISH ABSTRACT: Water is essential for life. Like the very air that surrounds us the omnipresent and indispensable qualities of water pervade throughout all of our lives. For reasons of health, community and trade the beginnings of all civilisations were proximate to the mighty rivers of the world. In a rapidly expanding global village, the priority for our future is to secure the management of increasing levels of water demand, given the finite natural cycle that all water is subject to and derived from; the hydrological cycle. The focus of this papers investigation is how best to allocate the value of water through the relatively nascent developments of water markets. The premise of utilising markets for allocative efficiency is suitably ingrained in the workings of many societies today, and the need to treat water with commensurate value and avoid waste is encapsulated in the Dublin Principles, where #4 states; 'Water has an economic value in all its competing uses and should be recognised as an economic good'. Which in isolation has merit, the legacy of state water management is usually associated with underperformance at best or incompetence and corruption at worst, and therefore the introduction of market mechanisms to provide water with allocative efficiency and true value, should be a positive undertaking for change. However the requisite conditions for proficient markets and perfect competition; which primarily include, that all agents are buyers and sellers, for a homogeneous product, with perfect information, without externalities, after the full and fair assignment of property rights, where all goods and services are private goods, and where transaction costs remain close to zero; would seldom be applicable to water. The many idiosyncrasies of water inhibit the application of competitive markets. Water could easily be defined as a public good with riparian rights, subject to a range of social and environmental externalities, whilst incurring high structural entry costs and remaining subject to the problematic vagaries of the natural supply cycle. Demand profiles also give water a heterogeneous definition, as domestic uses include both sanitation and drinking water, whilst various levels of quality are required for industry and agriculture, and even recreation. This paper seeks to define those factors that both warrant and limit the introduction of market functions to water management. The premise of this paper remains the search for better ways of valuing water, and how to incorporate fully the foundations of the environment and social criteria of health, and poverty reduction within these economic considerations. The conclusion defines a premium / discount solution to market traded water prices, which internalises these factors. / AFRIKAANSE OPSOMMING: Water is noodsaaklik vir lewe. Net soos die lug wat ons omring het water ook alomteenwoordige eienskappe wat In onskeibare deel van ons lewens vorm. Die ontstaan van alle beskawings is te vinde in die nabyheid van groot en gevestigde riviere vir redes van gemeenskaplikheid, gesondheid en handel. Vandag se geintegreerde en snel-groeiende samelewing met sy toenemende vraag na water, noodsaak 'n toekomsgerigte benadering om waterbronne te bestuur gegewe die vaste water natuursiklus waar water vandaan kom en bewaar word in. Die fokus van hierdie studie is om die beste metodes te vind vir waterallokasie met verwysing na die ontwikkeling van water markte oor die eeue. Die gebruik van die markstelsel om water effektief te allokeer is die grondslag van baie samelewings vandag. So erken die Dublin beginsels die noosaaklikheid om 'n waarde te plaas op water beklemtoon dat dit nie vermors moet word nie. Beginsel #4 bepaal: "Water het 'n ekonomiese waarde in al sy vele gebruike en moet ooreenkomstig erken word as ekonomiese saak". Die bestuur van waterbronne deur 'n owerheid word gewoonlik vereenselwig met 'n nie-optimale of selfs korrupte onbevoegdheid. Hier behoort die bekendstelling van mark beginsels om 'n waarde en nut op water te plaas dus 'n positiewe ontwikkeling te wees. Tog is dit ook duidelik dat die vereistes vir 'n effektiewe mark; alle agente is kopers en verkopers, 'n eenvormige produk, deursigtigheid in informasie, geen eksternaliteite, erkenning van besitreg, alle goedere en dienste is privaat goedere, transaksie koste is naby aan nul; nie volkome toepasbaar is op water nie. Die eenvoudige asook komplekse aard van water verhoed dat standaard markstelsel en beginsels van kompetisie eenvormig toepasbaar is. Water kan ook maklik gekategoriseer word as publieke goedere met gemeenskapsregte, wat dit dan onderhewig sal maak aan verskeie maatskaplike en omgewingsmaatreëls, hoë toetrede kostes, en logistieke probleme van die verskaffingsiklus. Dit is egter die vraag na water wat defineer dit as heterogene produk met huishoudelike gebruike vir beide persoonlike verbruik asook sanitasie, terwyl doelgerigte gebruike in landbou, handel en nywerheid ook spesifieke kwaliteite kan vereis. Hierdie werkstuk beoog om die faktore te defineer wat die bekendstelling van 'n mark stelsel vir water bestuur daarstel en ook beperk. Die uitgangspunt van hierdie studie was om maniere te vind vir beter ekonomiese waardasie van water en dit dan te kombineer met die fondasies van die omgewing, maatskaplike & gesondheidsmaatreëls, asook die toeganklikheid van basiese dienste aan almal.

Made available in DSpace on 2016-04-27T18:15:41Z (GMT). No. of bitstreams: 1 Wagner Buck Ferreira.pdf: 2060054 bytes, checksum: c2582d762d994772b74c0455fbc4d492 (MD5) Previous issue date: 2011-05-09 / In urban areas, where there are more than 80% of the population, the problem of water supply is critical. Unplanned urbanization, illegal occupations, the bad social conditions, poor water use or difficult access to public services and infrastructure, are responsible for the growing compromising of the springs, and no less serious health problems. An important source of supply is groundwater, which is currently being used inappropriately by their use or by its inconsistent exploitation, coupled with the fact severe sources of contamination threat this important feature. In Sao Paulo, where many buildings are located in flat areas, and topographically low, corresponding to the floodplains of streams, it is often necessary to lower the water table for the construction of basements below it and subsequent maintenance of operating conditions of these basements. These downgrades cause impacts on groundwater abstraction (wells) and settlements in the soil around it, besides releasing large amounts of water into public storm drainage system. The aim here is to show the importance of water, the waste and neglection practiced with the groundwater drawdown in groundwater in buildings in Moema in Sao Paulo / Nas áreas urbanas, onde residem aproximadamente 80% da população brasileira, o problema de abastecimento de água é crítico. A urbanização não planejada, as ocupações irregulares, as péssimas condições sociais, o mau uso da água ou a dificuldade de acesso aos serviços públicos e a infra-estrutura, são responsáveis pelo crescente comprometimento dos mananciais, e por problemas sanitários não menos graves. Uma importante fonte de abastecimento são as águas subterrâneas, que atualmente são aproveitadas de forma inadequada seja pelo seu uso ou pela inconseqüência na sua exploração, aliado ao fato de severas fontes de contaminação ameaçarem esse importante recurso. Na cidade de São Paulo, onde muitas edificações são instaladas em áreas planas, e topograficamente baixas, correspondentes às várzeas dos cursos d água, é frequente a necessidade de rebaixar o lençol freático para a construção de subsolos abaixo do lençol freático e posterior manutenção das condições operacionais desses subsolos. Esses rebaixamentos causam impactos nas captações subterrâneas (poços) e recalques no solo em seu entorno, alem de lançar grandes quantidades de água no sistema publico de drenagem pluvial. A intenção deste trabalho é mostrar a importância da água, o desperdício e o descuido praticado com as águas subterrâneas, nos rebaixamentos de lençol freático nos edifícios no bairro de Moema na cidade de São Paulo

Os reservatórios se constituem numa das principais formas estabelecidas pelo homem de modificar o ciclo hidrológico ao armazenar água para sua utilização no futuro. Em algumas regiões do país este mecanismo é de fundamental importância para o atendimento das demandas consultivas, seja pelas condições adversas do clima, como é o caso do semiárido nordestino, como também em função da alta demanda de água requerida para o atendimento da irrigação, como ocorre em algumas áreas do Rio Grande do Sul. Este trabalho apresenta uma metodologia de balanço hídrico em rios e reservatórios de pequeno porte, cujo foco é o atendimento aos instrumentos da Política Nacional de Recursos Hídricos, como a outorga de direito de recursos hídricos e as políticas de planejamento. A metodologia está baseada na integração entre o modelo hidrológico chuva-vazão MGB-IPH como recurso para obtenção das séries afluentes de cada reservatório e trecho de rio do sistema hídrico. Associado ao modelo hidrológico, está a integração com os Sistemas de Informações Geográficas, que possuem a vantagem de obtenção das características físicas da bacia de forma automática, facilitando também a associação com os objetos que representam o sistema hídrico (i.e. demandas e reservatórios). O modelo de simulação realiza a contabilização do movimento de água através de um sistema de reservatórios e trechos de rio, cuja progressão de cálculo é realizada de montante para jusante. Como técnica de otimização, foi utilizado o algoritmo SCE-UA, baseado na teoria dos algoritmos evolucionários. A metodologia desenvolvida foi aplicada na Bacia do Rio Quaraí, caracterizada pelo intenso uso da água para o atendimento das demandas da irrigação, e também pelo estabelecimento de centenas de pequenas estruturas de reservação de água, destinadas ao abastecimento destas demandas. Os resultados indicaram que não há água suficiente para o atendimento das demandas da irrigação em 100% do tempo. Em média, apenas 75% do volume total de água requerido para o atendimento das demandas atuais poderia ser atendido, considerando o período simulado de 20 anos. Nos anos mais críticos pode ocorrer o esgotamento do curso principal do Quaraí e outros locais, decorrência das retiradas de água, além do efeito da reservação de água pelos açudes, pois admitiu-se a hipótese de não existirem descarregadores de fundo nessas estruturas. Como alternativas para a gestão da água na bacia, apontam-se a definição de critérios de outorga para retiradas e liberação de água em reservatórios, além de implementação de novas estruturas de reservação e regularização. / Reservoirs are the most important form established by the man to modify the hydrological cycle to store water for use in the future. In some regions of Brazil this mechanism is crucial to meet the advisory needs, either by adverse weather conditions, such as the semi-arid northeast, but also due to the high demand of water required to meet the irrigation, as occurs in some areas of Rio Grande do Sul. This work presents a methodology of water balance in rivers and small reservoirs, whose focus is to achieve the goals of the instruments of the National Water Resources Policy, as the water rights and the planning policies. The methodology is based on the integration between the hydrological rainfall-runoff model MGB-IPH as a resource for obtaining streamflow series from upstreams of each reservoir and for all sub-watershed defined on the water system. Associated with the hydrological model is the integration with Geographic Information Systems, which have the advantage of obtaining the physical characteristics of the basin automatically, it also facilitates association with objects that represent the water system (i.e. demands and reservoirs). The simulation model performs accounting for the movement of water through a system of reservoirs and river stretches whose progression calculation is performed from upstream to downstream. As optimization technique, the SCE-UA algorithm, based on the theory of evolutionary algorithms was used. The procedure was applied in the Quaraí River Basin, characterized by intense use of water to meet the irrigation demands, and also by the establishment of hundreds of small structures reservation of water, destined to supply these demands. The results indicated that there is not water enough to meet the demands of irrigation at 100% of the time. On average, only 75% of the total volume of water required to meet the current demands could be met, considering the simulated period of 20 years. In the most critical years can occur exhaustion of the main course of the Quaraí and other sites, due to withdrawals plus the effect of the reservation by dams, it admitted the hypothesis that there are no releases in this structures. As alternatives to water management in the basin, point the definition of licensing criteria for withdrawals and releases in dams, as well as implementing new reservoir with regularization structures.

Population growth, coupled with changing weather patterns, is straining water supplies, especially in the American Southwest. A multitude of tools, including additional storage, will be needed to meet water demand and supply gaps. The Animas-La Plata Project, a reservoir in southwest Colorado, provides a case study of how groups worked for nearly 70 years to solve a water problem: insufficient irrigation for agriculture. This qualitative case study addressed a lack of first-person narratives from those most involved. Its purpose was to gather stakeholder narratives and analyze them using Kingdon's three streams theory to address the extent to which the problem, policy, and political streams converged to open policy windows that resulted in a built facility. Purposeful sampling identified 11 organizational stakeholders with the highest seniority and longest association with the project. Transcribed data from structured interview questions were inductively coded and thematically analyzed. Key findings include identification of a major federal policy change in the late 1970s to 1980s that excluded escalated benefits of water projects. Within this same timeframe, necessary elements were present to open a policy window, the Colorado Ute Indian Water Rights Settlement, which resulted in project construction. If strategists can learn to predict the opening of policy windows "when the problem, policy, and political streams join" water resource planning and policy can be improved. Retrospective narrative analysis is a promising ex post audit and evaluation tool that policy analysts can use to assess program performance and lessons learned. Social change implications of the study are that its findings on the need for positive collaboration may prove valuable to those in management who seek to address water scarcity issues.

In Canada and New Zealand there are increasing calls for recognition of aboriginal rights which previously were ignored or denied because of the application of English law to concepts of property rights and ownership. English legal principles are vitally important in Canadian and New Zealand society, but there has always been room for local adaptations which could have recognised the existing practices and rights of the indigenous peoples. The English law makes various assumptions about ownership of rivers, dividing them into bed, banks and water, and applying various tests of adjoining occupation, tidalness and navigability to determine rights. Aboriginal property rights have been guaranteed and protected by various mechanisms such as government policy, treaty, and the courts, but there is uncertainty about the status of rivers. The form of the survey definition of reserves and rivers is also fundamental to how property rights may be determined. This thesis examines the situation of rivers in Canada and New Zealand through common law, treaty provisions and through what is now, a developing body of applicable and recognised customary/Aboriginal law. From these three legal foundations, a case study approach focuses on the practical situation of the Siksika people on the Bow River in southern Alberta, and the Kai Tahu on the Taieri River in Otago. This investigation concludes that there are various legal mechanisms by which indigenous people may claim rights to the rivers with which they have a relationship; by resorting to English common law principles; by applying new and developing conceptualisations of customary and aboriginal rights doctrines; by appealing to tribunals examining treaty agreements; or by direct negotiation with the Crown. All of these processes require evidence of past and current relationships, use and occupation of rivers by the indigenous claimants. Current undisputed possession and control may be a satisfactory outcome, but ultimately an acknowledgement of ownership may depend on politically negotiated settlements.