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Articles

A comparative review of contemporary water resources legislation: trends, developments and an agenda for reform

Pages 613-627 | Received 02 Feb 2012, Accepted 05 May 2012, Published online: 27 Jul 2012
 

Abstract

Key trends in water legislation include: attraction of water resources into the public domain; limitations on governmental authority to allocate water resources; controlled trading of water rights; the “greening” of water laws; capturing the land–water connection; and ensuring user participation in decision making and implementation. Hence the water law reform agenda is likely to be preoccupied with reconciling tenure security with risk and uncertainty; pursuing equitable resource allocation efficiency gains; raising the environment's profile in water resources allocation; rekindling the connection between water resources management and land use regulations; empowering users; and mapping the interface between customary and statutory water allocation.

Notes

1. Istanbul Ministerial Statement, 5th World Water Forum Ministerial Process, World Water Council, 22 March 2009, available from http://www.worldwatercouncil.org/fileadmin/wwc/World_Water_Forum/WWF5/Ministerial_Statement_22_3_09.pdf [accessed 5 June 2012].

2. Ministerial Declaration adopted by ministers meeting in the Ministerial Session of the International Conference on Freshwater, Bonn, 4 December 2001, available from http://www.earthsummit2002.org/ic/freshwater/Bonn%20Ministerial%20Declaration.pdf [accessed 5 June 2012]

3. All statutory references mentioned in the paper are listed in the Appendix.

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