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Water Rights
Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each. Types of water right Understanding ‘Water Rights’ first requires consideration of the context and origin of the ‘right’ being discussed, or asserted. Traditionally, a water rights refers to the utilization of water as an element supporting basic human needs like drinking or irrigation. Water Rights could also include the physical occupancy of waterways for purposes of travel, commerce and even recreational pursuits. The legal principles and doctrines that forms the basis o ...
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Water Law
Water resources law (in some jurisdictions, shortened to "water law") is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, and is distinct from Water quality law, laws governing water quality. Waters subject to regulation Water is ubiquitous and does not respect political boundaries. Water resources laws may apply to any portion of the hydrosphere over which claims may be made to appropriate or maintain the water to serve some purpose. Such waters include, but are not limited to: *Surface waters—lakes, rivers, streams, oceans, and wetlands; *Surface runoff—generally water that flows across the land from rain, floodwaters, and snowmelt before those waters reach watercourses, lakes, wetlands, or oceans; *Groundwater—particularly water present in aquifers. History The history of people's relation to water illustrates varied approaches to the management of water resources. "Lipit Ishtar and ...
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Navigable Servitude
Navigable servitude is a legal doctrine, doctrine in United States constitutional law that gives the federal government of the United States, federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article One of the United States Constitution, Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude. The Commerce Clause gives Congress the power to regulate "commerce ... among the several states." In ''Gibbons v. Ogden'' (1824), the United States Supreme Court ruled unanimously that this power extended to regulation over navigable waterways, which were an important hub of transportation in the early years of the Republic. Although the Supreme Court recognizes Federal control over navigable waterways is absolute, see Phillips Petrol v. Mississippi, 484 US 469,480 (1988), the public interest is not absolute, Dardar v. Lafourche Realty Co., Inc., 55 F.3d 1082 (5th Cir.1995). The government ha ...
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Water Law
Water resources law (in some jurisdictions, shortened to "water law") is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, and is distinct from Water quality law, laws governing water quality. Waters subject to regulation Water is ubiquitous and does not respect political boundaries. Water resources laws may apply to any portion of the hydrosphere over which claims may be made to appropriate or maintain the water to serve some purpose. Such waters include, but are not limited to: *Surface waters—lakes, rivers, streams, oceans, and wetlands; *Surface runoff—generally water that flows across the land from rain, floodwaters, and snowmelt before those waters reach watercourses, lakes, wetlands, or oceans; *Groundwater—particularly water present in aquifers. History The history of people's relation to water illustrates varied approaches to the management of water resources. "Lipit Ishtar and ...
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Water Conflict
Water conflict is a term describing a conflict between countries, states, or groups over water the rights to access water resources. The United Nations recognizes that water disputes result from opposing interests of water users, public or private. A wide range of water conflicts appear throughout history, though rarely are traditional wars waged over water alone. Instead, water has historically been a source of tension and a factor in conflicts that start for other reasons. Water conflicts arise for several reasons, including territorial disputes, a fight for resources, and strategic advantage. Water conflicts can occur on the intrastate and interstate levels. Interstate conflicts occur between two or more neighboring countries that share a transboundary water source, such as a river, sea, or groundwater basin. For example, the Middle East has only 1% of the world's freshwater shared among 5% of the world's population. Intrastate conflicts take place between two or more parties i ...
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Rio Grande Border Disputes
The Rio Grande (Río Bravo del Norte) has changed course several times in recorded history, leading to a number of border disputes and uncertainties, both international (involving Mexico and the United States) and between individual U.S. states: *The Country Club Dispute was a dispute between Texas and New Mexico. The U.S. Supreme Court resolved this dispute in 1927. *The Chamizal dispute was a border conflict over a parcel of land between El Paso, Texas, and Ciudad Juárez, Chihuahua. The dispute was resolved by Chamizal settlement in 1963. *The Ojinaga Cut was a disputed parcel of land between Presidio, Texas, and Ojinaga, Chihuahua. The dispute was resolved by the Boundary Treaty of 1970. *The Horcón Tract was a parcel of land surrounded by an oxbow bend of the Rio Grande, including the village of Rio Rico, Texas, that inadvertently defaulted to Mexican administration with the passage of time after an irrigation company in 1906 dug an unapproved cut across the ox ...
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Human Right To Water And Sanitation
The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ''ius cogens'' and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination ...
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