Water Resources Legislation: A search for common principles

The report analyzes comparative water legislation from countries including Canada, Germany, China, and the US to establish common legal principles. It argues that water is traditionally a public asset subject to government control, public ownership, and permanent regulation. Key principles identified include the 'doctrine of effective and beneficial use,' the requirement for environmental impact assessments, and the state's power to amend water rights ex-post to protect public health and the environment. The author suggests that grounding water management in these shared national legal principles can help states resist claims in investment arbitration when enacting new environmental or efficiency regulations.

• Water resources are predominantly held under public ownership globally due to their essential nature and importance to the economy and environment. This public domain status is found in the legal systems of Argentina, Chile, Colombia, Brazil, Peru, Mexico, Spain, and the United States, as well as in France, where water belongs to the "public patrimony of the nation".
• A widespread legal principle is the 'doctrine of effective and beneficial use,' which mandates that water rights are subject to forfeiture if not used. This principle prevents speculation and waste, requiring that use be socially acceptable, reasonably efficient, and not a monopoly.
• Modern water legislation increasingly incorporates environmental protection as a core component, using permits, prohibitions, and charges to prevent deterioration. Examples include Germany's general duty to prevent water contamination and England's 1989 Water Act, which establishes water quality objectives and protection zones.
• Many jurisdictions utilize Environmental Impact Statements (EIS) or similar assessments for major water projects. In the US, the National Environmental Protection Act (NEPA) requires these for federal actions, while Canada's 1992 Environmental Assessment Act applies to projects under federal decision-making authority.
• Governments maintain the 'police power' to amend, restrict, or cancel water rights without compensation when public interest—such as public health, safety, or environmental threats—is at stake. This is evidenced by French law and rulings by the Argentinean Supreme Court.
• Water management is shifting toward integrated planning and river basin approaches to balance economic, social, and environmental needs. Germany requires prior plan approval for substantial modifications to water bodies, and China utilizes comprehensive plans for major river basins coordinated with national land plans.

APA

Solanes, M. (2010). Water Resources Legislation: A search for common principles. International Institute for Sustainable Development. https://www.iisd.org/system/files/publications/water_resources_legislation.pdf

Chicago

Solanes, Miguel. Water Resources Legislation: A search for common principles. International Institute for Sustainable Development, 2010. https://www.iisd.org/system/files/publications/water_resources_legislation.pdf.

Wikipedia

{{cite report |last1=Solanes |first1=Miguel |title=Water Resources Legislation: A search for common principles |publisher=International Institute for Sustainable Development |date=2010 |url=https://www.iisd.org/system/files/publications/water_resources_legislation.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{solanes2010water, author = {Solanes, Miguel}, title = {{Water Resources Legislation: A search for common principles}}, institution = {International Institute for Sustainable Development}, year = {2010}, url = {https://www.iisd.org/system/files/publications/water_resources_legislation.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }