Inter-State Water Law in the United States of America

2017 ◽  
Vol 2 (3) ◽  
pp. 1-82 ◽  
Author(s):  
Rhett B. Larson
Keyword(s):  
United States ◽  
Water Allocation ◽  
The United States ◽  
Water Law ◽  
Transboundary Water ◽  
State Water ◽  
International Water Law ◽  
International Water ◽  
The Rich ◽  
Inter State

AbstractThe rich field of inter-state water law in the United States illustrates both successes and failures in transboundary water management and allocation. This monograph analyzes the three general approaches to water allocation between riparian states to certain shared watercourses in the United States, namely equitable apportionment, congressional apportionment, and inter-state compacts. This analysis is accompanied by a discussion and evaluation of the different cases of shared watercourses that applied these approaches, and a comparison of each of them to similar approaches in international water law. The monograph draws lessons for international water law from inter-state water law—highlighting the successful inter-state approaches that can be adopted by international water law, as well as the approaches that failed, and which should be avoided.

scholarly journals The Legitimacy of Dam Development in International Watercourses: A Case Study of the Harirud River Basin

2019 ◽  
Vol 8 (02) ◽  
pp. 247-278 ◽  
Author(s):  
Mohsen Nagheeby ◽  
Mehdi Piri D. ◽  
Michael Faure
Keyword(s):  
River Basin ◽  
Customary Law ◽  
Water Law ◽  
Transboundary Water ◽  
Legal Norms ◽  
Water Cooperation ◽  
International Water Law ◽  
International Water ◽  
Transboundary Water Cooperation

AbstractThis article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanistan, particularly through the Salma Dam, with ‘equitable and reasonable utilization’ and ‘no significant harm’ rules. The article also argues that building the Salma Dam results in significant transboundary harm to downstream states. Hence, such harm could be considered as significant transboundary damage. Conclusions point to an understanding of water law as a form of institutional guidance in order to provide a transparent setting for transboundary water cooperation among riparian states.

scholarly journals Rogun – Hydropower Generating Controversy in Central Asia

2014 ◽  
Vol 62 (6) ◽  
pp. 1353-1361
Author(s):  
Lea Melnikovová ◽  
Bohumil Havrland ◽  
Radim Valenčík
Keyword(s):  
Water Resources ◽  
Water Allocation ◽  
Negative Impact ◽  
Nash Bargaining Solution ◽  
Nash Bargaining ◽  
Bargaining Solution ◽  
Transboundary Water ◽  
The Game Theory ◽  
International Water Law ◽  
International Water

The aim of this paper is to analyse the current conflict between Uzbekistan and Tajikistan over shared water resources, and propose an adequate solution. The tensions between the two countries are associated with the completion of a huge dam on a river on the Tajik territory. Such construction may have a negative impact on Uzbekistan’s irrigation needs since it may restrict inflow to the Amudarya River which is Uzbekistan’s key water resource. While Tajikistan intends to use water for hydropower, Uzbekistan needs water mainly for its cotton fields. This paper analyses the background, benefits and risks of the dam, roots of the tension, and suggests methods of resolving them. Based on the current dispute, the problem of shared water resources is generalized, discussed and two complementary approaches are presented. The international water law offers a set of guidelines applicable on transboundary water conflicts; the significance of the 1997 UN Convention concerning the law of the non-navigational uses of international watercourses is emphasized. Another instrument to grasp this problem is the game theory. The water allocation problem can be described using the Nash bargaining solution. This paper demonstrates that both approaches can contribute to resolving existing disputes over shared water resources.

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