In lieu of an abstract, here is a brief excerpt of the content:

237 1 bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb 11 Analyzing Water Rights, Multiple Uses, and Intersectoral Water Transfers RUTH MEINZEN-DICK RAJENDRA PRADHAN Demand for water continues to grow worldwide. At the same time, developed water resources are almost fully utilized in many places, and the financial, environmental , and political costs of developing new water control systems are rising . The combination of rising demand and limited supplies is creating scarcity and competition between water uses, as well as users. In this resulting competition , irrigation, the largest sector of water use in most countries, is often at a disadvantage because the other sectors have more economic or political power. There is increasing pressure to transfer existing water supplies from agriculture to other water uses, especially urban and industrial uses. However, transferring water from agricultural use to municipal and industrial uses affects not only agricultural but also other rural uses, including rural domestic use, homestead gardens, livestock, and fishing. Most discussions and evaluations of such transfers have focused on technical or economic efficiency. Much less attention has been given to equity implications , and the consequences for farmers and other groups in the rural areas. Yet, because water is a vital resource for rural livelihoods and identities, the consequences for rural areas are likely to be profound. What consequences such water transfers will have is likely to depend on the overall economic context, the process by which transfers take place, the nature and extent of recognition of water rights, and the relative power of the different parties. The economic context shapes the extent to which rural populations are dependent on irrigation or other water-related enterprises for their livelihoods, or are able to find other sources of income. The transfer process—whether transfers happen by administrative fiat, market purchases, other types of collective negotiation, or by illegal means—affects who is involved in decision making and who is likely to receive any compensation. The question of what rights are recognized—by 238 MEINZEN-DICK AND PRADHAN whom and with reference to which law, norm, or cultural value—plays a pivotal role in determining the equity of outcomes, not only because it determines who can participate in decision making and who is eligible for compensation but also because perceptions of rights and fairness lie at the heart of the concept of equity. The power of different stakeholders interacts with all these factors. Those who are powerful may be able to shape the transfer mechanisms to suit their own interests, but some negotiation processes can provide somewhat greater leverage for marginalized groups by at least ensuring they have a seat at the table. Finally, power is intricately linked to water rights. Those with power are likely to be able to secure and defend their water rights, while those with water rights that are recognized have some bargaining power, even if they are otherwise less economically or politically powerful. The consequences of intersectoral water transfers have been studied, to some extent, in the western United States and other industrialized countries, but have received very little attention in developing countries. The experiences of industrialized countries can raise some critical issues, but may not be appropriate indicators of what will happen as a result of intersectoral water transfers in Asia and other developing countries, because in the latter the pace of urbanization and industrialization processes is dramatically compressed. As a result, neither infrastructure nor institutions in developing countries have as much chance to evolve to meet the challenges. In particular, the state legal infrastructure and processes for transferring water are relatively well established in Europe and the United States. As a result, most transfers have taken place through regulated channels, whether through the state or the market. But in most developing countries, particularly in South Asia, water transfers take place through a variety of mechanisms, often simultaneously, with little overall enforceable regulation. Moreover, the economic, political, and cultural contexts differ dramatically between industrialized and developing countries, with profound implications for the processes and outcomes of water transfers. For understanding both the mechanisms for water transfers and the range of water rights held by different stakeholders, it is important to go beyond conventional approaches that look only at government laws and administrative processes, and to employ the perspective of legal pluralism. The concept of legal pluralism recognizes that there are many overlapping legal frameworks, including state and customary law, but also religious law and project law, forming mixes of local law. Furthermore, water rights are not a unitary item, but can include diverse bundles...

Share