FAO LEGISLATIVE STUDY 84 Land and water - the rights interface S. Hodgson for the Development Law Service
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Rome, 2004
	Table of Contents

ISBN 92-5-105214-X
ISSN 1014-6679

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© FAO 2004

TABLE OF CONTENTS

FOREWORD

1 INTRODUCTION

2 WHAT ARE LAND TENURE RIGHTS AND WATER RIGHTS?

2.1 Land tenure rights
2.2 Water rights

3 LAND TENURE RIGHTS AND WATER RIGHTS REGIMES COMPARED

3.1 Security

3.1.1 Duration
3.1.2 Enforcement against third parties
3.1.3 Enforcement against the state

3.2 Substance

3.2.1 Land ownership rights
3.2.2 Other land tenure rights
3.2.3 Water rights
3.2.4 Conditions and security

3.3 Administration

3.3.1 Measurement and monitoring
3.3.2 The active role of water rights administrations
3.3.3 The reactive role of land tenure rights administrations
3.3.4 Enforcement

3.4 Charging

3.4.1 Water abstraction and use charges
3.4.2 Charging mechanisms and land tenure rights

3.5 International law

3.5.1 Land tenure rights and international law
3.5.2 Water rights regimes and international law

3.6 Markets and tradability

3.6.1 Land tenure rights and markets
3.6.2 Trades and water rights

3.7 Sector reform

3.7.1 The objectives of water rights reforms
3.7.2 The objectives of land tenure reforms
3.7.3 Reform objectives compared

3.8 Concluding observation

4 THE “LOST” CONNECTION BETWEEN LAND TENURE RIGHTS AND WATER RIGHTS

4.1 Roman law
4.2 The historical approach of the civil law tradition
4.3 The historical approach of the common law tradition
4.4 The benefits and limitations of the historical approaches

5 THE RIGHTS INTERFACE

5.1 Formal and informal linkages
5.2 Planning the uses of land and water
5.3 The interface: the role and importance of land tenure rights

6 KEY ASPECTS OF THE RIGHTS INTERFACE

6.1 Irrigation

6.1.1 Water rights and irrigation
6.1.2 Land tenure rights and irrigation
6.1.3 The effects of non-co-ordination

6.2 Groundwater

6.2.1 The risks to groundwater resources
6.2.2 The legal treatment of groundwater
6.2.3 The limitations of the regulatory response

6.3 Rights created under customary law

6.3.1 The background
6.3.2 What is meant by customary law?
6.3.3 What are the issues?
6.3.4 Rights and pastoralists
6.3.5 Non-pastoralists

6.4 Tradable water rights

6.4.1 Background
6.4.2 Implications for land tenure rights and water rights

6.5 Rights, poverty and gender

7 CONCLUSION AND RECOMMENDATIONS

7.1 Customary law - the fuzzy interface
7.2 Irrigation Management Transfer - moving beyond a rigid interface
7.3 Groundwater - the tightly bound interface
7.4 Concluding Remarks

BIBLIOGRAPHY

FAO LEGISLATIVE STUDIES

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