Legal principles and legal frameworks related to groundwater

Burchi, Stefano

doi:10.1201/9781315210025-6

Cited by 5 publications

(5 citation statements)

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“…Share assignments are also more easily adjustable when a cap on total pumping is adjusted downward or upward based on groundwater conditions. This latter advantage is emphasized by Young (2014) and others, for example, Bruns (2005), Burchi (2018), Dillon (2018), and. Share allocations may therefore benefit both the transition process itself and the implementation of the resulting allocation system.…”

Section: Develop Allocations As Shares Rather Than Fixed Quantitiesmentioning

confidence: 87%

“…Among our cases (Table 2.1), shares have not been as common as fixed quantities thus far. We draw attention here in particular to Pioneer Valley in Australia, a country that is a leader in the shift toward share-based allocations (Burchi, 2018). Each groundwater user in Pioneer Valley possesses a pumping license that nominally assigns a volumetric quantity of allowed pumping, but each year the basin administrator announces an adjustment percentage to be applied to each user's licensed quantity based on groundwater conditions in the basin.…”

Section: Develop Allocations As Shares Rather Than Fixed Quantitiesmentioning

confidence: 99%

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Water Resources Allocation and Agriculture

Rouillard

Babbitt

Challies

et al. 2022

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The book brings together a range of leading scholars and practitioners to compile an international account of water allocation policies supporting a transition to sustainable water use in regions where agriculture is the dominant water use. In Section 1, the collection canvasses five key crosscutting issues shaping the challenge of sustainable water allocation policy, such as legal and economic perspectives, the role of politics, the contributions of engineering and technology, the setting of environmental flows, and the importance of indigenous rights. Section 2 presents 16 national, state and transboundary case studies of water allocation policy, covering cases from Europe, the Americas, Central Asia, the Middle East and the Pacific region. These case studies highlight novel and innovative elements of water allocation regimes, which respond to the cross-cutting issues addressed in Section 1, as well as local challenges and social and environmental imperatives. The book provides a comprehensive account of water allocation in a range of international settings and provides a reference point for practitioners and scholars worldwide wishing to draw on the latest advances on how to design and implement sustainable water allocation systems. ISBN: 9781789062779 (print) ISBN: 9781789062786 (eBook) ISBN: 9781789062793 (ePUB)

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Section: Develop Allocations As Shares Rather Than Fixed Quantitiesmentioning

confidence: 87%

Section: Develop Allocations As Shares Rather Than Fixed Quantitiesmentioning

confidence: 99%

Water Resources Allocation and Agriculture

Rouillard

Babbitt

Challies

et al. 2022

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“…Nonetheless, in the past few decades, owing to the rise in the deterioration of groundwater, efforts have been made in different countries to reform/redesign groundwater law, while aiming at tackling problems or lessening the chances for their appearance (Burchi, 1999; Cuadrado‐Quesada & Gupta, 2021; Nelson & Quevauviller, 2016). Groundwater law at the national level takes different forms, as countries regulate different aspects of groundwater.…”

Section: Groundwater Law At the National And International Levelmentioning

confidence: 99%

“…Despite the progress made, the manner and the extent to which law regulates groundwater continues to be limited and inadequate (Burchi, 1999; Cuadrado‐Quesada, 2022; Nelson & Quevauviller, 2016). For example, the manner in which groundwater is defined is often restrictive, which hampers its regulation and protection, as it is difficult to protect something that is not properly defined (Nelson & Quevauviller, 2016).…”

Section: Groundwater Law At the National And International Levelmentioning

confidence: 99%

“…The current global groundwater legal regime is inconsistent, there is limited incorporation of groundwater in existing basin treaties, and there are hardly any transboundary groundwater/aquifer agreements (Gupta & Conti, 2017; Schmeier, 2021). And at the national level, there is often a limited legal system in place (Burchi, 1999, 2018; Cuadrado‐Quesada, 2022; Nelson & Quevauviller, 2016). Hence, a more robust and holistic way to craft groundwater law is required.…”

Section: Introductionmentioning

confidence: 99%

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Revisiting groundwater law through the lenses of earth system law and rights of nature

Cuadrado‐Quesada,

Lictevout,

Schmeier

et al. 2023

WIREs Water

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Current groundwater challenges have made evident that national and international groundwater law needs a thorough revision. In this article, we explore earth system law (ESL) and rights of nature (RoN) as possible approaches to rethink groundwater law. Taking inspiration from ESL scholarship, RoN literature, Indigenous worldviews, and socio‐ecological movements, we analyze law as a critical element of the human‐political‐social system, which creates regulatory institutions with the aim to provide a social order for humanity, an order that is being affected by deteriorating earth systems, including groundwater. Recognizing RoN and thinking law through the lenses of ESL involve a new understanding of what groundwater law could be and what the subject of the law could be. So far, little attention has been given to how these approaches can be used to redesign groundwater law, and what implications this could have on groundwater governance and sustainability. Therefore, this article explores the possibility of reforming groundwater law through the lenses of ESL and RoN. It investigates which legal mechanisms are being used to recognize RoN, and what their legal and practical implications have been so far. This article aims to contribute not only to advancing the academic debate on RoN and ESL but also to share light on different ways to reform groundwater law, which includes a new understanding of sustainability and socio‐nature relations.This article is categorized under: Human Water > Rights to Water Human Water > Water Governance Science of Water > Water and Environmental Change

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Invisible Water Law and Governance—At Heart of Equity and Sustainability Concerns

Cuadrado‐Quesada

2022

Water Governance - Concepts, Methods, and Practice

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Legal principles and legal frameworks related to groundwater

Cited by 5 publications

References 0 publications

Water Resources Allocation and Agriculture

Water Resources Allocation and Agriculture

Revisiting groundwater law through the lenses of earth system law and rights of nature

Invisible Water Law and Governance—At Heart of Equity and Sustainability Concerns

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