Liquid Relations: Contested Water Rights and Legal Complexity

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Rutgers University Press, 2005 M11 29 - 328 pages

Water management plays an increasingly critical role in national and international policy agendas. Growing scarcity, overuse, and pollution, combined with burgeoning demand, have made socio-political and economic conflicts almost unavoidable. Proposals to address water shortages are usually based on two key assumptions: (1) water is a commodity that can be bought and sold and (2) “states,” or other centralized entities, should control access to water.

            Liquid Relations criticizes these assumptions from a socio-legal perspective. Eleven case studies examine laws, distribution, and irrigation in regions around the world, including the United States, Nepal, Indonesia, Chile, Ecuador, India, and South Africa. In each case, problems are shown to be both ecological and human-made. The essays also consider the ways that gender, ethnicity, and class differences influence water rights and control.

            In the concluding chapter, the editors draw on the essays’ findings to offer an alternative approach to water rights and water governance issues. By showing how issues like water scarcity and competition are embedded in specific resource use and management histories, this volume highlights the need for analyses and solutions that are context-specific rather than universal.

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Contents

Legal Complexity in the Analysis of Water Rights and Water Resources Management
1
Prescribing Gender Equity? The Case of the Tukucha Nala Irrigation System Central Nepal
21
Defending Indigenous Water Rights with the Laws of a Dominant Culture The Case of the United States
44
In the Shadow of Uniformity Balinese Irrigation Management in a Public Works Irrigation System in Luwu South Sulawesi Indonesia
66
Anomalous Water Rights and the Politics of Normalization Collective Water Control and Privatization Policies in the Andean Region
97
Complexities of Water Governance Rise and Fall of Groundwater for Urban Use
124
Special Law Recognition and Denial of Diversity in Andean Water Control
144
A WinSome LoseAll Game Social Differentiation and Politics of Groundwater Markets in North Gujarat
172
Redressing Racial Inequities through Water Law in South Africa Interaction and Contest among Legal Frameworks
195
Routes to Water Rights
215
Analyzing Water Rights Multiple Uses and Intersectoral Water Transfers
237
Water Rights and Legal Pluralism Beyond Analysis and Recognition
254
References
269
Notes on the Contributors
293
Index
299
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