Water law and water rights - Revision history

Irena Irmler at 10:45, 21 February 2014

2014-02-21T10:45:15Z

Irena Irmler at 13:16, 20 February 2014

2014-02-20T13:16:58Z

Irena Irmler at 10:41, 31 May 2013

2013-05-31T10:41:46Z

Jana Herold: /* Modern water rights */

2013-02-19T09:43:24Z

‎Modern water rights

Jana Herold: /* Water rights */

2013-02-19T09:42:53Z

‎Water rights

Jana Herold at 09:41, 19 February 2013

2013-02-19T09:41:53Z

Jana Herold: /* Additional Information */

2013-02-19T09:39:44Z

‎Additional Information

Jana Herold: /* Additional Information */

2013-02-19T09:38:26Z

‎Additional Information

Jana Herold: /* Additional Information */

2013-02-19T09:36:27Z

‎Additional Information

Jana Herold: /* Additional Information */

2013-02-19T09:35:04Z

‎Additional Information

@@ Line 34: / Line 34: @@
 == Traditional/customary water rights ==
-In the Sahel zone, the right to use water for an irrigation plot has been subject to oral definition within small units of a society by the tribal leaders or chiefs . Water rights are often connected with land rights or tenure rights in developing countries; hence the right to withdraw water is connected with land allocation and ownership. Fair procedure, however, is often subject to local power relationships within societies, where influential men often prevail over other users of water, [[Water_Governance_and_Women|women]]in particular, regarding agricultural water use. Thus, the right to use water often affects gender and social justice, especially in areas affected by general or seasonal water scarcity. As well, there are sharp differences according to the legal tradition and geographical area. In the Sahel, the ability of smallholders in pastoralist contexts to access water rights depends on the ability to access rangeland and water provision sources for livestock production. In other contexts, such as in Islamic countries (e.g. Afghanistan), the rights to use water is managed and monitored by the community itself.<ref name="Cotula">FAO/Cotula, Lorenzo (edt.) (2006): Land and Water Rights in the Sahel. Rome: FAO.</ref><ref name="Guenther">Guenther, Nadine (2010): Management and Utilisation of Natural Resources in Afghan Mountain Villages: a Study of Common Property Regimes and Rural Livelihood Systems in the Hindu Kush. Unpublished. </ref>
+In the Sahel zone, the right to use water for an irrigation plot has been subject to oral definition within small units of a society by the tribal leaders or chiefs . Water rights are often connected with land rights or tenure rights in developing countries; hence the right to withdraw water is connected with land allocation and ownership. Fair procedure, however, is often subject to local power relationships within societies, where influential men often prevail over other users of water, [[Water Governance and Women|womenin]] particular, regarding agricultural water use. Thus, the right to use water often affects gender and social justice, especially in areas affected by general or seasonal water scarcity. As well, there are sharp differences according to the legal tradition and geographical area. In the Sahel, the ability of smallholders in pastoralist contexts to access water rights depends on the ability to access rangeland and water provision sources for livestock production. In other contexts, such as in Islamic countries (e.g. Afghanistan), the rights to use water is managed and monitored by the community itself.<ref name="Cotula">FAO/Cotula, Lorenzo (edt.) (2006): Land and Water Rights in the Sahel. Rome: FAO.</ref><ref name="Guenther">Guenther, Nadine (2010): Management and Utilisation of Natural Resources in Afghan Mountain Villages: a Study of Common Property Regimes and Rural Livelihood Systems in the Hindu Kush. Unpublished. </ref>
 == Modern water rights ==
-Modern water rights are in their substance administrative or “usufractory” rights. In Australia and Chile, water users have to obtain a special permit to make use of the national water resources. Several forms of water allocation via administrative forms of regulations have emerged. One form is a command-and-control approach, taken in countries such as South Africa or Zimbabwe, where water rights are allocated by state authorities providing permissions to users. A second form is water markets, such as in Australia, which were developed to allocate water rights in a capitalist manner to efficiently govern water resources.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref>
+Modern water rights are in their substance administrative or “usufractory” rights. In Australia and Chile, water users have to obtain a special permit to make use of the national water resources. Several forms of water [[Water_Development_and_Allocation|allocation]] via administrative forms of regulations have emerged. One form is a command-and-control approach, taken in countries such as South Africa or Zimbabwe, where water rights are allocated by state authorities providing permissions to users. A second form is water markets, such as in Australia, which were developed to allocate water rights in a capitalist manner to efficiently govern water resources.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref>
 A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology.fckLRhttp://www.water.tkk.fi/English/wr/research/global/material/CA_chapters/05-CA_Waters-Varzi&Wegerich.pdf#fckLR[2012-08-18].</ref>
@@ Line 58: / Line 58: @@
 [[Property Rights and Maintenance of Irrigation Systems|GIZ/Meintzen-Dick, R. (2000): Property rights and maintenance of irrigation systems.Washington/Eschborn: GIZ.]]
 [[Category:Excellent]]

@@ Line 34: / Line 34: @@
 == Traditional/customary water rights ==
-In the Sahel zone, the right to use water for an irrigation plot has been subject to oral definition within small units of a society by the tribal leaders or chiefs . Water rights are often connected with land rights or tenure rights in developing countries; hence the right to withdraw water is connected with land allocation and ownership. Fair procedure, however, is often subject to local power relationships within societies, where influential men often prevail over other users of water, women in particular, regarding agricultural water use. Thus, the right to use water often affects gender and social justice, especially in areas affected by general or seasonal water scarcity. As well, there are sharp differences according to the legal tradition and geographical area. In the Sahel, the ability of smallholders in pastoralist contexts to access water rights depends on the ability to access rangeland and water provision sources for livestock production. In other contexts, such as in Islamic countries (e.g. Afghanistan), the rights to use water is managed and monitored by the community itself.<ref name="Cotula">FAO/Cotula, Lorenzo (edt.) (2006): Land and Water Rights in the Sahel. Rome: FAO.</ref><ref name="Guenther">Guenther, Nadine (2010): Management and Utilisation of Natural Resources in Afghan Mountain Villages: a Study of Common Property Regimes and Rural Livelihood Systems in the Hindu Kush. Unpublished. </ref>
+In the Sahel zone, the right to use water for an irrigation plot has been subject to oral definition within small units of a society by the tribal leaders or chiefs . Water rights are often connected with land rights or tenure rights in developing countries; hence the right to withdraw water is connected with land allocation and ownership. Fair procedure, however, is often subject to local power relationships within societies, where influential men often prevail over other users of water, [[Water_Governance_and_Women|women]]in particular, regarding agricultural water use. Thus, the right to use water often affects gender and social justice, especially in areas affected by general or seasonal water scarcity. As well, there are sharp differences according to the legal tradition and geographical area. In the Sahel, the ability of smallholders in pastoralist contexts to access water rights depends on the ability to access rangeland and water provision sources for livestock production. In other contexts, such as in Islamic countries (e.g. Afghanistan), the rights to use water is managed and monitored by the community itself.<ref name="Cotula">FAO/Cotula, Lorenzo (edt.) (2006): Land and Water Rights in the Sahel. Rome: FAO.</ref><ref name="Guenther">Guenther, Nadine (2010): Management and Utilisation of Natural Resources in Afghan Mountain Villages: a Study of Common Property Regimes and Rural Livelihood Systems in the Hindu Kush. Unpublished. </ref>
-−
-<br/>
 == Modern water rights ==
@@ Line 59: / Line 57: @@
 [[Property Rights and Maintenance of Irrigation Systems|GIZ/Meintzen-Dick, R. (2000): Property rights and maintenance of irrigation systems.Washington/Eschborn: GIZ.]]

@@ Line 25: / Line 25: @@
 The growing need for new forms of regulations is the catalyst for moving towards a new system of modern water law. Water conflicts over water resources and the difficulties in ensuring effective management of less abundantly available water resources have both acted as the main drivers for new approaches. The Dublin Principles in 1992 ascribed an economic value to water resources: the economic value of water has now been taken into account in new forms of water regulation.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> Further, in November 2002, the UN Committee on Economic, Social and Cultural Rights adopted General Comment No. 15, which was formulated by experts as a comment on articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights. In this document, water is recognised not only as a limited natural resource and a public good, but also as a human right. The adoption General Comment No. 15 is seen as a decisive step towards the recognition of water as universal right, even though the document has no legally binding power (World Water Council 2012).
 = Water rights =
@@ Line 37: / Line 36: @@
 In the Sahel zone, the right to use water for an irrigation plot has been subject to oral definition within small units of a society by the tribal leaders or chiefs . Water rights are often connected with land rights or tenure rights in developing countries; hence the right to withdraw water is connected with land allocation and ownership. Fair procedure, however, is often subject to local power relationships within societies, where influential men often prevail over other users of water, women in particular, regarding agricultural water use. Thus, the right to use water often affects gender and social justice, especially in areas affected by general or seasonal water scarcity. As well, there are sharp differences according to the legal tradition and geographical area. In the Sahel, the ability of smallholders in pastoralist contexts to access water rights depends on the ability to access rangeland and water provision sources for livestock production. In other contexts, such as in Islamic countries (e.g. Afghanistan), the rights to use water is managed and monitored by the community itself.<ref name="Cotula">FAO/Cotula, Lorenzo (edt.) (2006): Land and Water Rights in the Sahel. Rome: FAO.</ref><ref name="Guenther">Guenther, Nadine (2010): Management and Utilisation of Natural Resources in Afghan Mountain Villages: a Study of Common Property Regimes and Rural Livelihood Systems in the Hindu Kush. Unpublished. </ref>
 == Modern water rights ==
@@ Line 42: / Line 42: @@
 Modern water rights are in their substance administrative or “usufractory” rights. In Australia and Chile, water users have to obtain a special permit to make use of the national water resources. Several forms of water allocation via administrative forms of regulations have emerged. One form is a command-and-control approach, taken in countries such as South Africa or Zimbabwe, where water rights are allocated by state authorities providing permissions to users. A second form is water markets, such as in Australia, which were developed to allocate water rights in a capitalist manner to efficiently govern water resources.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref>
-A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology.
+A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology.fckLRhttp://www.water.tkk.fi/English/wr/research/global/material/CA_chapters/05-CA_Waters-Varzi&Wegerich.pdf#fckLR[2012-08-18].</ref>
-http://www.water.tkk.fi/English/wr/research/global/material/CA_chapters/05-CA_Waters-Varzi&Wegerich.pdf#
 [2012-08-18].</ref>
 = References =

@@ Line 36: / Line 36: @@
 In the Sahel zone, the right to use water for an irrigation plot has been subject to oral definition within small units of a society by the tribal leaders or chiefs . Water rights are often connected with land rights or tenure rights in developing countries; hence the right to withdraw water is connected with land allocation and ownership. Fair procedure, however, is often subject to local power relationships within societies, where influential men often prevail over other users of water, women in particular, regarding agricultural water use. Thus, the right to use water often affects gender and social justice, especially in areas affected by general or seasonal water scarcity. As well, there are sharp differences according to the legal tradition and geographical area. In the Sahel, the ability of smallholders in pastoralist contexts to access water rights depends on the ability to access rangeland and water provision sources for livestock production. In other contexts, such as in Islamic countries (e.g. Afghanistan), the rights to use water is managed and monitored by the community itself.<ref name="Cotula">FAO/Cotula, Lorenzo (edt.) (2006): Land and Water Rights in the Sahel. Rome: FAO.</ref><ref name="Guenther">Guenther, Nadine (2010): Management and Utilisation of Natural Resources in Afghan Mountain Villages: a Study of Common Property Regimes and Rural Livelihood Systems in the Hindu Kush. Unpublished. </ref>
 == Modern water rights ==
@@ Line 41: / Line 42: @@
 Modern water rights are in their substance administrative or “usufractory” rights. In Australia and Chile, water users have to obtain a special permit to make use of the national water resources. Several forms of water allocation via administrative forms of regulations have emerged. One form is a command-and-control approach, taken in countries such as South Africa or Zimbabwe, where water rights are allocated by state authorities providing permissions to users. A second form is water markets, such as in Australia, which were developed to allocate water rights in a capitalist manner to efficiently govern water resources.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref>
-A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology. http://www.water.tkk.fi/English/wr/research/global/material/CA_chapters/05-CA_Waters-Varzi&Wegerich.pdffckLR[2012-08-18].</ref>
+A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology.

@@ Line 25: / Line 25: @@
 The growing need for new forms of regulations is the catalyst for moving towards a new system of modern water law. Water conflicts over water resources and the difficulties in ensuring effective management of less abundantly available water resources have both acted as the main drivers for new approaches. The Dublin Principles in 1992 ascribed an economic value to water resources: the economic value of water has now been taken into account in new forms of water regulation.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> Further, in November 2002, the UN Committee on Economic, Social and Cultural Rights adopted General Comment No. 15, which was formulated by experts as a comment on articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights. In this document, water is recognised not only as a limited natural resource and a public good, but also as a human right. The adoption General Comment No. 15 is seen as a decisive step towards the recognition of water as universal right, even though the document has no legally binding power (World Water Council 2012).
 = Water rights =
-Water rights are not to be confused with the human right to safe drinking water and sanitation. Water rights can be defined as the claims, entitlements and related obligations among people regarding the use and disposition of a scarce resource.<ref name="Meinzen">IFPRI/Meinzen-Dick, Ruth (2009): Drivers of Global Change: Implications for fckLRWater Management. IFPRI: Washington D.C.</ref> The introduction of water rights depends on the institution that stands behind them. Water rights are key assets, as they determine the distribution of benefits. Furthermore, water rights clarify who can use and manage water, as well as what responsibilities water users may have.<ref name="Meinzen">IFPRI/Meinzen-Dick, Ruth (2009): Drivers of Global Change: Implications for Water Management. IFPRI: Washington D.C.</ref> Such a definition is, however, based on Western legal perceptions that may only be applied in countries where either the civil law or common law tradition prevail.
+Water rights are not to be confused with the human right to safe drinking water and sanitation. Water rights can be defined as the claims, entitlements and related obligations among people regarding the use and disposition of a scarce resource.<ref name="Meinzen">IFPRI/Meinzen-Dick, Ruth (2009): Drivers of Global Change: Implications for Water Management. IFPRI: Washington D.C.</ref> The introduction of water rights depends on the institution that stands behind them. Water rights are key assets, as they determine the distribution of benefits. Furthermore, water rights clarify who can use and manage water, as well as what responsibilities water users may have.<ref name="Meinzen">IFPRI/Meinzen-Dick, Ruth (2009): Drivers of Global Change: Implications for Water Management. IFPRI: Washington D.C.</ref> Such a definition is, however, based on Western legal perceptions that may only be applied in countries where either the civil law or common law tradition prevail.
 The majority of water management takes place on the grass-roots level of decision-making in rural areas. As a result, there is no universally agreed definition of water rights; it has different meanings and is used and applied in different contexts and jurisdictions around the world.<ref name="FAO2006">Food and Agriculture Organisation of the United Nations (2006): Modern Water Rights: Theory and Practice. Rome: FAO. </ref> The problem of de facto and de jure water rights pose significant challenges, as traditional/customary water rights are usually not written down, but rather orally defined.<ref name="Cotula">FAO/Cotula, Lorenzo (edt.) (2006): Land and Water Rights in the Sahel. Rome: FAO.</ref>
@@ Line 40: / Line 41: @@
 Modern water rights are in their substance administrative or “usufractory” rights. In Australia and Chile, water users have to obtain a special permit to make use of the national water resources. Several forms of water allocation via administrative forms of regulations have emerged. One form is a command-and-control approach, taken in countries such as South Africa or Zimbabwe, where water rights are allocated by state authorities providing permissions to users. A second form is water markets, such as in Australia, which were developed to allocate water rights in a capitalist manner to efficiently govern water resources.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref>
-A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology. http://www.water.tkk.fi/English/wr/research/global/material/CA_chapters/05-CA_Waters-Varzi&Wegerich.pdf
+A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology. http://www.water.tkk.fi/English/wr/research/global/material/CA_chapters/05-CA_Waters-Varzi&Wegerich.pdffckLR[2012-08-18].</ref>
 [2012-08-18].</ref>
 = References =

@@ Line 18: / Line 18: @@
 = Islamic water law =
-In Afghanistan, the legal framework for water law is defined by customs and practices in accordance with Islamic law that honours local customs, as long as they do not collide with the principles of the divine Shari’ah law which lays out the duties of Muslims.<ref name="Hunt">Hunt, Janin, and Kahlmeyer, Andre (2007): Islamic law: the Sharia from Muhammad's time to the present. Jefferson: McFarland and Company.</ref> As Camponera (2007) notes, “In Sunnite doctrine, community rights apply only to large bodies of water (Ali ibn Muhammad 1903–8, 313). A distinction must be made between lakewater, which can be used for all irrigation purposes without any objection; riverwater, which can be used for irrigation provided that it does not harm the community; and rainwater which, falling on land without an owner, is at the disposal of anyone for irrigation. The owner of the nearest cultivated plot has first priority. If there are several cultivated plots near the water, no order of priority is observed; however, the owner whose crops are most urgently in need of water takes first turn”.<ref name="Camponera">Camponera, Dante (2007): Ownership and transfer of water and land in Islam. Landpedia (online). http://www.landpedia.org/landdoc/Analytical_materials/ILP_water=land.pdf [Accessed 2012-08-17]</ref>
+In Afghanistan, the legal framework for water law is defined by customs and practices in accordance with Islamic law that honours local customs, as long as they do not collide with the principles of the divine Shari’ah law which lays out the duties of Muslims.<ref name="Hunt">Hunt, Janin, and Kahlmeyer, Andre (2007): Islamic law: the Sharia from Muhammad's time to the present. Jefferson: McFarland and Company.</ref> As Camponera (2007) notes, “In Sunnite doctrine, community rights apply only to large bodies of water (Ali ibn Muhammad 1903–8, 313). A distinction must be made between lakewater, which can be used for all irrigation purposes without any objection; riverwater, which can be used for irrigation provided that it does not harm the community; and rainwater which, falling on land without an owner, is at the disposal of anyone for irrigation. The owner of the nearest cultivated plot has first priority. If there are several cultivated plots near the water, no order of priority is observed; however, the owner whose crops are most urgently in need of water takes first turn”.<ref name="Camponera">Camponera, Dante (2007): Ownership and transfer of water and land in Islam. Landpedia (online). http://www.landpedia.org/landdoc/Analytical_materials/ILP_water=land.pdf [2012-08-17]</ref>
 As mentioned above, most water laws were designed at a time when population was much lower than today and pressures on water resources were minimal. The current problems of water law reflect the rather recent role of water in the global economy. Only the past two or three decades have placed water law on the agenda of local, national, international decision-makers and the development community.<ref name="FAO2006">Food and Agriculture Organisation of the United Nations (2006): Modern Water Rights: Theory and Practice. Rome: FAO. </ref>
@@ Line 28: / Line 28: @@
 = Water rights =
-Water rights are not to be confused with the human right to safe drinking water and sanitation. Water rights can be defined as the claims, entitlements and related obligations among people regarding the use and disposition of a scarce resource.<ref name="Meinzen">IFPRI/Meinzen-Dick, Ruth (2009): Drivers of Global Change: Implications for fckLRWater Management. IFPRI: Washington D.C.</ref> The introduction of water rights depends on the institution that stands behind them. Water rights are key assets, as they determine the distribution of benefits. Furthermore, water rights clarify who can use and manage water, as well as what responsibilities water users may have.<ref name="Meinzen">IFPRI/Meinzen-Dick, Ruth (2009): Drivers of Global Change: Implications for fckLRWater Management. IFPRI: Washington D.C.</ref> Such a definition is, however, based on Western legal perceptions that may only be applied in countries where either the civil law or common law tradition prevail.
+Water rights are not to be confused with the human right to safe drinking water and sanitation. Water rights can be defined as the claims, entitlements and related obligations among people regarding the use and disposition of a scarce resource.<ref name="Meinzen">IFPRI/Meinzen-Dick, Ruth (2009): Drivers of Global Change: Implications for fckLRWater Management. IFPRI: Washington D.C.</ref> The introduction of water rights depends on the institution that stands behind them. Water rights are key assets, as they determine the distribution of benefits. Furthermore, water rights clarify who can use and manage water, as well as what responsibilities water users may have.<ref name="Meinzen">IFPRI/Meinzen-Dick, Ruth (2009): Drivers of Global Change: Implications for Water Management. IFPRI: Washington D.C.</ref> Such a definition is, however, based on Western legal perceptions that may only be applied in countries where either the civil law or common law tradition prevail.
 The majority of water management takes place on the grass-roots level of decision-making in rural areas. As a result, there is no universally agreed definition of water rights; it has different meanings and is used and applied in different contexts and jurisdictions around the world.<ref name="FAO2006">Food and Agriculture Organisation of the United Nations (2006): Modern Water Rights: Theory and Practice. Rome: FAO. </ref> The problem of de facto and de jure water rights pose significant challenges, as traditional/customary water rights are usually not written down, but rather orally defined.<ref name="Cotula">FAO/Cotula, Lorenzo (edt.) (2006): Land and Water Rights in the Sahel. Rome: FAO.</ref>
@@ Line 40: / Line 40: @@
 Modern water rights are in their substance administrative or “usufractory” rights. In Australia and Chile, water users have to obtain a special permit to make use of the national water resources. Several forms of water allocation via administrative forms of regulations have emerged. One form is a command-and-control approach, taken in countries such as South Africa or Zimbabwe, where water rights are allocated by state authorities providing permissions to users. A second form is water markets, such as in Australia, which were developed to allocate water rights in a capitalist manner to efficiently govern water resources.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref>
-A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology. http://www.water.tkk.fi/English/wr/research/global/material/CA_chapters/05-CA_Waters-Varzi&Wegerich.pdffckLR[Accessed: 2012-08-18].</ref>
+A third form, lead to the creation of Water Users Associations (WUAs) which were developed to allow users to democratically decide in a participatory way regarding the use of water resources for agricultural production. GIZ advises governments on how to transition the delegation of water rights from a top-down administrative approach to a community-based approach based on the Institutional Analysis Development framework by Elinor Ostrom (see water governance article). The transition process of water law is, however, still subject to various challenges due to dichotomic applications of traditional and modern law in the watersheds.<ref name="Höllinger">GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnungen und Wasserrechte. Eschborn: GIZ. </ref> The role of water rights affects German development cooperation at both the national and local level. Influential water rights’ holders are a significant challenge in advisory services to WUAs and Integrated Water Resource Management (IWRM), as the role of powerful social actors may complicate water sector reform.<ref name="Varzi">Varzi, Manijeh Mahmoudzadeh and Wegerich, Kai (2008): Much ado about nothing – sub-basin working groups in Kunduz River Basin. (online). Water and Development Publications - Helsinki University of Technology. http://www.water.tkk.fi/English/wr/research/global/material/CA_chapters/05-CA_Waters-Varzi&Wegerich.pdf
 = References =
 <references />
 = Additional Information =
@@ Line 58: / Line 55: @@
 <span class="reference-text">[[Bodenordnung und Wasserrechte|GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnung und Wasserrechte. Eschborn: GIZ.]]</span>
-[[Property_Rights_and_Maintenance_of_Irrigation_Systems|GIZ/Meintzen-Dick, R. (2000): Property rights and maintenance of irrigation systems.Washington/Eschborn: GIZ.]]
+[[Property Rights and Maintenance of Irrigation Systems|GIZ/Meintzen-Dick, R. (2000): Property rights and maintenance of irrigation systems.Washington/Eschborn: GIZ.]]

@@ Line 45: / Line 45: @@
 <references />
@@ Line 54: / Line 55: @@
 GIZ/Deutsches Institut für Menschenrechte (2010): Water and sanitation - Ensuring access for the urban poor in Kenya. [http://star-www.giz.de/dokumente/bib-2010/gtz2010-0455en-promising-practice-kenya.pdf http://star-www.giz.de/dokumente/bib-2010/gtz2010-0455en-promising-practice-kenya.pdf] [2013-02-14].
-<span class="reference-text">[[Bodenordnung_und_Wasserrechte|GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnung und Wasserrechte. Eschborn: GIZ.]]</span>
+<span class="reference-text">[[Bodenordnung und Wasserrechte|GIZ/Höllinger, Frank and Kasper, Albrecht (2000): Bodenordnung und Wasserrechte. Eschborn: GIZ.]]</span>

@@ Line 45: / Line 45: @@
 <references />
 = Additional Information =
-GIZ/ Deutsches Institut für Menschenrechte (2010): Water and sanitation - Ensuring access for the urban poor in Kenya. [http://star-www.giz.de/dokumente/bib-2010/gtz2010-0455en-promising-practice-kenya.pdf http://star-www.giz.de/dokumente/bib-2010/gtz2010-0455en-promising-practice-kenya.pdf] [Accessed 2013-02-14].
+GIZ/ Deutsches Institut für Menschenrechte (2010): Water and sanitation - Ensuring access for the urban poor in Kenya. [http://star-www.giz.de/dokumente/bib-2010/gtz2010-0455en-promising-practice-kenya.pdf http://star-www.giz.de/dokumente/bib-2010/gtz2010-0455en-promising-practice-kenya.pdf] [2013-02-14].
-GIZ (2011): Assessing the contractual arrangements of large-scale land acquisitions in Mali with special attention to water rights. <font face="neuedemos" size="2"><font face="neuedemos" size="2"></font></font>
+GIZ (2011): Assessing the contractual arrangements of large-scale land acquisitions in Mali with special attention to water rights.