Cover - FAO Legislative Study No. 79

FAO LEGISLATIVE STUDY
79

Legislation on
water users's organizations
A comparative analysis

Stephen Hodgson

for the
Development Law Service
FAO Legal Office

and the
Water Resources, Development and Management Service
Land and Water Development Division

Table of Contents

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, 2003



The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

ISBN 92-5-105027-9
ISSN 1014-6679

All rights reserved. Reproduction and dissemination of material in this information product for educational or other non-commercial purposes are authorized without any prior written permission from the copyright holders provided the source is fully acknowledged. Reproduction of material in this information product for resale or other commercial purposes is prohibited without written permission of the copyright holders. Applications for such permission should be addressed to the Chief, Publishing Management Service, Information Division, FAO, Viale delle Terme di Caracalla, 00100 Rome, Italy or by e-mail to copyright@fao.org

© FAO 2003


Table of Contents

FOREWORD

I. INTRODUCTION

II. WHAT'S IN A NAME?

III. THE PERMITTED TASKS OF WUOs

IV. THE SOURCE OF WUO LEGISLATION AND THE LEGAL STATUS OF WUOs

(a) The source of WUO legislation
(b) The legal status of WUOs

V. GOVERNING DOCUMENTS AND OPERATING RULES

VI. IDENTIFICATION OF WUO PARTICIPANTS

(a) The relationship between WUOs and their participants
(b) The identification of participants
(c) Compulsory or voluntary participation

VII. WUO ESTABLISHMENT

VIII. THE INTERNAL STRUCTURE OF WUOs

(a) The general assembly
(b) Voting within WUOs
(c) The management board
(d) The chairperson
(e) Other institutions

IX. PROVISIONS CONFERRING SUBSTANTIVE LEGAL RIGHTS AND DUTIES ON PARTICIPANTS

(a) Rights of WUO participants
(b) Duties of WUO participants

X. FINANCIAL PROVISIONS

XI. REGULATORY OVERSIGHT

(a) Approval of budgets and the level of charges
(b) Approval of amendments to governing documents
(c) Power to give directions
(d) Technical supervision
(e) Legal and financial supervision
(f) Powers to intervene
(g) Powers to order the dissolution of a WUO

XII. SUBSTANTIVE RIGHTS CONFERRED ON WUOs

(a) Rights to use water and infrastructure
(b) Rights of access to land for the purposes of operation, maintenance and construction
(c) Rights to expropriate land
(d) Rights to make and enforce rules
(e) Rights to recover costs
(f) Rights to order participants to undertake works or to undertake such works and recover the costs from the participant
(g) Rights to charge non members at a differentiated rate
(h) Tax exemptions

XIII. DISSOLUTION, LIQUIDATION AND REORGANIZATION

XIV. FEDERATIONS OF WUOs

XV. CONCLUSION

ANNEX A

ANNEX B

BIBLIOGRAPHY

FAO LEGISLATIVE STUDIES

BACK COVER


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