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Water Rights and Water Allocation
Issues and Challenges for Asia

 

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On-line edition: Free of Charge
Hardcopy price: $25.00

Publication Date: August 2009
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As governments across Asia are searching for ways to increase water security for rural and urban water uses, the need to articulate water rights and improve water allocation practices is rapidly becoming a priority issue to them. The process is made more complex by rapid urbanization, climate change, and other drivers of change. With the support of the Network of Asian River Basin Organizations (NARBO), practitioners are discovering what role they can play in avoiding and solving problems among stakeholders, and in building an enabling environment for integrated water resources management in river basins.

This report builds on the foundation of the five NARBO workshops on water rights. The report aims to:

  • provide practical clarity on the concepts and terminology surrounding water rights and water allocation
  • summarize key findings from the cross-country comparisons made during the four workshops held between 2005 and 2007
  • stimulate in-depth discussion on water rights and identify ways to overcome the challenges of their implementation
  • provide inputs for future NARBO and ADB activities to assist governments in the region in improving water rights and water allocation in the context of integrated water resources management

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Contents

Abbreviations and Foreword

Introduction: The Role of River Basin Organizations in Water Rights and Allocation

River Basin Organizations Can Avoid Problems in Basins
River Basin Organizations Can Solve Problems in Basins
River Basin Organizations Can Help Build an Enabling Environment for Integrated Water Resources Management
Outline of the Report

Part I: The Principles and Priorities of Water Rights

Understanding the Terminology: Water Rights, Allocation, and Water-Use Rights
Implicit and Explicit Allocation Systems
Ensuring Access for the Poor
Protecting Customary Rights in Modern Water Law
Safeguarding Environmental Uses of Water

Part II: Managing Water Allocation and Authorized Use

Incorporating Basic Principles: Beneficial Use, Equitable Distribution, and No Significant Harm
Moving toward Water Licensing
Dealing with Water Shortage: Implementing Priorities
Adapting to Change: Flexibility of Allocation Systems

Part III: Building Effective Institutions - A Long-Term Commitment

Managing the Transition toward Licensing
Identifying the Gaps: Building Capacity
Encouraging Consultation
Strengthening Accountability
The Role of River Basin Organizations

Part IV: Taking Action

Government
National Water Apex Bodies
Regulatory (Licensing) Agencies
River Basin Organizations
Water Service Providers
Other Water Agencies
Nongovernment and Community-Based Organizations
Academe
Development Agencies
Network of Asian River Basin Organizations
Asia–Pacific Water Forum

Appendixes

1. Bibliography
2. Summary of Country Legal Frameworks
3. Participants of the Network of Asian River Basin Organizations Workshop on Water Rights and the Four Thematic Workshops on Water Rights and Allocation
4. Highlights of Workshop Session on Addressing Issues and Challenges in Water Rights and Water Allocation, 3rd Network of Asian River Basin Organizations General Meeting, Indonesia, February 2008



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