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Modern water rights

Theory and practice












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    Book (series)
    The Interface between Customary and Statutory Water Rights - A Statutory Perspective 2005
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    This paper will contribute to mapping out the area of interface of customary water rights and statutory water rights. Based on original surveys and analyses of water legislation and customary water rights and practices in Canada (Nowlan 2004), Ghana (Sarpong 2004), Guyana (Janki 2004), and Nigeria (Kuruk 2004), as well as a brief analysis of the contemporary legislation of Argentina, Indonesia, and Namibia, this paper will (a) review the extent to which customary water-related practices and righ ts have been accounted for in water legislation, (b) analyze the approaches to reconciling such rights with the rights created by statute and administered by government, and (c) based on the analysis, flag emerging issues as well as sketch an agenda for future action.
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    Book (series)
    Use of property rights in fisheries management. Vol. 1: Mini-course lectures and Core Conference presentations
    Proceedings of the FishRights99 Conference. Freemantle, Western Australia, 11-19 November 1999.
    2000
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    Part I of the proceedings consists of two major sections, the Mini-course lectures and the presentations presented during the Core Conference (Mini-course). The lectures presented during the two-day Mini-course were grouped in two sections. The first dealt with the concepts, theory and practice relating to the use of Property Rights in Fisheries Management. Subjects covered in the first past of the Mini-course included the historical development of the introduction of property in fishery managem ent, property rights as a means of economic organization, selection of a property rights management system, resistance to changes in property rights or, whether to use Individual Transferable Quotas (ITQs), current property rights systems in fisheries management and group and community-based fishing rights. Topics covered in the second part of the Mini-course included Management Infrastructure for Rights Based Fishing, Legal Planning for Management of Fisheries Using Property Rights, The Adminis tration of Fisheries Managed by Property Rights, Administration of Enforcement Mechanisms for Rights-Based Fisheries Management Systems and Fisher Participation in Rights-based Fisheries Management: The New Zealand Experience The second major section of Part I of the proceedings consists of the papers presented during the three-day Core Conference. These papers covered the perspectives of (a) governments in introducing and administering such methods of management and the political, conservatio n, social and economic consequences, (b) industry; and (c) the wider community and other involved stakeholders. The topics covered in the Core Conference were introduced by two major perspectives, Moving through the Narrows: from Open Access to ITQs and Self-government and Common Property Rights: An Alternative to ITQs. Papers presented during the first day of the Core Sessions covered government perspectives and issues, institutional arrangements, administrative challenges and the politics of the Rights-based fisheries management process. Papers presented during the second day of the Core Sessions described the perspective of industry, strategic responses of industry and industry initiatives in advancing rights-based fisheries management. Papers presented on the final day of the Core Conference dealt with the issues of community perspectives, recreational fishing, community property rights, customary fisheries management, community-based fisheries management and the exclusivity of r ights. The session was closed with papers that provided a prognosis on the future development of property rights in fisheries management. Thus, the conference papers addressed the theory and application of property
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    Book (series)
    Establishing a Water Abstraction Scheme: Issues and Options 2000
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    A workable water abstraction licensing scheme is one in which users are able to comply with its provisions and the water authority is able to administer and enforce it efficiently and effectively. Such a scheme aims to formalize users’ water rights in an environment where there are concerns about scarcity, pollution, or competing uses, or where other doubts have arisen because water abstraction is unregulated. In such a system, water can be allocated among diverse users and diverse water use sec tors in accordance with the government’s priorities and plans.

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