Legal aspects of groundwater ownership in Spain

Fornés, Juan; Portillo, África de la Hera; Llamas, Ramón; Martínez‐Santos, Pedro

doi:10.1080/02508060.2007.9709698

Cited by 14 publications

(9 citation statements)

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“…The public water administration did not intervene in groundwater affairs, except for permissions to carry out works and to protect public water rights. The 1985 Spanish Water Act declared all waters a public domain, but allowed existing groundwater rights to continue in the case that right-holders did not exchange their rights for a concession of public water (Molinero et al, 2011;Embid Irujo, 2007;Fornés and de la Hera, 2007). …”

Section: Legal Circumstancesmentioning

confidence: 99%

Groundwater intensive use and mining in south-eastern peninsular Spain: Hydrogeological, economic and social aspects

Custódio

Andreu-Rodes

Aragón

et al. 2016

Science of The Total Environment

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Section: Legal Circumstancesmentioning

confidence: 99%

Groundwater intensive use and mining in south-eastern peninsular Spain: Hydrogeological, economic and social aspects

Custódio

Andreu-Rodes

Aragón

et al. 2016

Science of The Total Environment

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“…Confusion over groundwater's legal ownership is a consequence of many factors, with the overall water situation in Spain is still uncertain after 20 years since the 1985 Water Law (Fornés et al, 2007). While Indian States have taken steps in developing groundwater legislation as part of the larger water management agenda, the application of such legislation has remained limited (Cullet, 2014).…”

Section: Regulationmentioning

confidence: 99%

“…Innovative processes to produce food and provide for drinking water by millions of farmers from different parts of the world has been aptly labelled 'silent revolution' of groundwater development (Fornés et al, 2007;Llamas and Martinez-Santos, 2005). The trajectory of groundwater development in South Asia, labelled as 'atomistic' development by millions of farmers, is a clear example of this revolution (Shah, 2009).…”

Section: Introductionmentioning

confidence: 98%

Shaping the contours of groundwater governance in India

Kulkarni

Shah²,

Shankar³

2015

Journal of Hydrology: Regional Studies

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a b s t r a c tStudy region: India. Study focus: India's groundwater dependence and the crises of depletion and contamination of groundwater resources require the development of a robust groundwater dependence framework. Understanding the challenges of developing a groundwater governance framework for regions of extensive groundwater development versus relatively less-developed areas of groundwater development is important. The groundwater typology is a function both, the hydrogeological aspects of groundwater and the socio-economic milieu that defines dependency on groundwater resource, which is significant across users and uses in India. An interdisciplinary perspective is important while managing groundwater resources in India and helping establish groundwater governance. New hydrological insights for the region: Participatory forms of groundwater management, using 'aquifer-based, common pool resource' approaches have begun to find their way into the practices and policies dealing with groundwater in India. Participation at all levels is important in management decisions as well as in the development of a governance framework, knowing that groundwater development in India has been 'atomistic' in nature. Developing a regulatory framework that is supportive of 'protection' of the resource as well as 'good practices of participatory groundwater management' is essential in groundwater governance. Interdisciplinary 'science' must form the medium of promoting both groundwater management and governance instead of using it in the largely business-as-usual approach to groundwater resource management that remains 'infrastructure' based, 'supply-side'.

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“…In relation to the focus of this paper three issues are of relevance: first, one of the main innovations in the 1985 Water Act was the inclusion of groundwater in the public domain. However, Spain is unusual and interesting because private, collective and state water rights coexist, sometimes even within the same aquifer perimeters (Fornés et al , ): State water concessions for groundwater use were granted and inscribed in a water rights registry as part of the public or state domain. They had the benefit of protection by the administration in cases of conflict with third parties; private rights holders could, as long as they accredited well ownership and use before 1985, opt to keep their private rights, inscribing them in a ‘Catalogue of private rights’.…”

Section: The Constitutional Level Effect In Collective Action On Groumentioning

confidence: 99%

Analysis of the Emergence and Evolution of Collective Action: An Empirical Case of Spanish Groundwater User Associations

Rica

López-Gunn

Llamas

2012

Irrigation and Drainage

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This paper analyses the emergence and evolution of collective action in relation to intensive groundwater user by looking at the case of groundwater user associations in Spain. The paper analyses the rules in norm or constitutional level and the typology of collective organizations, to then offer an empirical analysis of the main factors in the emergence and evolution of collective action in Spanish groundwater user associations. It identifies some key endogenous and exogenous factors that either facilitate or hinder collective action by groundwater users, as well as documenting their evolution through time towards a more diverse institutional range, partly explained by reaching increasing resource limits, which triggers looking for additional resources to minimize and manage risk and uncertainty. Copyright © 2012 John Wiley & Sons, Ltd.

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Legal aspects of groundwater ownership in Spain

Cited by 14 publications

References 0 publications

Groundwater intensive use and mining in south-eastern peninsular Spain: Hydrogeological, economic and social aspects

Groundwater intensive use and mining in south-eastern peninsular Spain: Hydrogeological, economic and social aspects

Shaping the contours of groundwater governance in India

Analysis of the Emergence and Evolution of Collective Action: An Empirical Case of Spanish Groundwater User Associations

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