Governance of Water: The Legal Questions

In: South Asian survey: a journal of the Indian Council for South Asian Cooperation, Band 17, Heft 1, S. 147-157

Abstract

The term 'water governance' encompasses a wide range of issues of water policy, management, sharing, rights, conflicts, social justice and equity, conservation, sustainability and so on; and almost all of them involve legal questions. This article provides a broad overview, both explanatory and prescriptive, of some of the legal issues relating to water. These will include the question of ownership of water; the relationship between the state and civil society; the doctrine of public trust; the distinction between the right to water (that is, water as life-support) and water rights (use rights such as for agriculture, industry, etc.); water-related disputes of all kinds (including river water disputes) and the principles, entitlements, relative priorities and institutional arrangements needed for avoiding or resolving them; water markets and the question of privatisation of water; the regulation of water use in the interest of equity, social justice, harmony and sustainability and so on.