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In its 1908 decision for Winters v. United States, the Supreme Court affirmed a lower-court ruling that the United States and the Gros Ventre and Assiniboine Indians had reserved rights to water in the Milk River through an 1888 treaty which created the Fort Belknap Indian Reservation in Montana. Since 1908 the Winters decision, or Indian reserved water rights doctrine, has played an important and controversial role in the West. Indian Reserved Water Rights is the first book-length historical study of the Winters case and the early use of the reserved water doctrine. In the book, John Shurts explains how the litigation and its outcome fit well within the existing legal context and into ongoing efforts at water development in the Milk River Valley. He also examines the life of the Winters Doctrine during its earliest years, primarily through a study of water-rights litigation on the Uintah Reservation in Utah.
First published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and policy. This book fills a critical gap in the study of water law, providing a rich reference point for the entire gamut of legal mechanisms available in India. This edition has been extensively revised to include new instruments on water regulation, such as the draft National Water Framework Bill, 2016, and the Model Groundwater (Sustainable Management) Act, 2016; new water-related instruments in such varied fields as criminal law, land acquisition law, and rural employment legislation; and a chapter on international legal instruments. Chapters on drinking water supply, environmental dimensions of water conservation, water infrastructure for irrigation and flood control, groundwater regulation, and institutions catering to water have been thoroughly updated for a complete coverage of water law.
This book explores the conceptual and theoretical frameworks of Right to Water and analyzes its values in the context of water policy frameworks of the union governments in India. It uses a qualitative approach and combines critical hermeneutics with critical content analysis to introduce a new water policy framework. The volume maps the complex argumentative narrations which have emerged and evolved in the idea of Right to Water and traces the various contours and the nature of water policy texts in independent India. The book argues that the idea of Right to Water has emerged, evolved and is being argued through theoretical arguments and is shaped with the help of institutional arrangements developed at the international, regional, and national levels. Finally, the book underlines that India’s national water policies drafted respectively in 1987, 2002 and 2012, are ideal but are not embracing the values and elements of Right to Water. The volume will be of critical importance to scholars and researchers of public policy, environment, especially water policy, law, and South Asian studies.
When it comes to water, we flush and forget. We use, abuse and almost never recycle. Water sector in India, since the 1990s, has seen some new ideas formalised legally and institutionally, while others are still emerging and evolving. Confronting the reality of current water management strategies, this volume discusses the state of the Indian water sector to uncover solutions that can address the imminent water crises. This book: Analyses the growing water insecurity, increase in demand, inefficiency in water use, and growing inequalities in accessing clean water; Sheds light on water footprint in agricultural, industrial and urban use, pressures on river basin management, depleting groundwater resources, patterns of droughts and floods, watershed based development and waste water and sanitation management; Examines water conflicts, lack of participatory governance mechanisms, and suggests an alternative framework for water regulation and conflict transformation; Highlights the relationship between gender discourse and water governance; Presents an alternative agenda for water sector reforms. This volume, with hopes for a more water secure future, will interest scholars and researchers of development studies, environment studies, public policy, political studies, political sociology, and, NGOs, media and think tanks working in this area.
Water Conservation in the Era of Global Climate Change reviews key issues surrounding climate change and water resources. The book brings together experts from a variety of fields and perspectives, providing a comprehensive view on how climate change impacts water resources, how water pollution impacts climate change, and how to assess potential hazards and success stories on managing and addressing current issues in the field. Topics also include assessing policy impacts, innovative water reuse strategies, and information on impacts on fisheries and agriculture including food scarcity. This book is an excellent tool for researchers and professionals in Climate Change, Climate Services and Water Resources, and those trying to combat the impacts and issues related to Global and Planetary Change. - Covers a wide range of theoretical and practical issues related to how climate change impacts water resources and adaptation, with extended influence on agriculture, food and water security, policymaking, etc. - Reviews mathematical tools and simulations models on predicting potential hazards from climate change in such a way they can be useful to readers from a variety of levels of mathematical expertise - Examines the potential impacts on agriculture and drinking water quality - Includes case studies of successful management of water and pollutants that contribute to climate change
This book systematically introduces historical trajectories and dynamics of environmental policy and governance in India. Following the features of environmental policy in India as outlined in Chapter 1, subsequent chapters explore domestic and international factors that shape environmental policy in the country. The chapters examine the interplay between governmental and non-governmental actors, and the influence of social mobilisation and institutions on environmental policy and governance. Analysing various policy trajectories, the chapters identify and explore five central environmental policy subsystems: forests, water, climate, energy and city development. The authors drill down into the social, economic, political and ecological dimensions of each system, shedding light on why striking a balance between national economic growth and environmental sustainability is so challenging. Drawing on political science theories of policy processes and related theoretical concepts, this innovative edited volume will be of great interest to students and scholars of environmental policy and politics and South Asian studies more broadly.
The prosperity and national security of the United States depend directly on the prosperity and stability of both partner and competing countries around the world. Today, U.S. interests are under rising pressure from water scarcity, extreme weather events and water-driven ecological change in key geographies of strategic interest to the U.S. Those water-driven stresses are undermining economic productivity, weakening governance systems and fraying social cohesion in scores of countries and, in the process, undermining the vitality of rural livelihoods, fostering local and ethnic conflicts, driving broad migratory movements and contributing to the growth of insurgencies and terrorist networks. While the U.S. intelligence community has steadily expanded natural resource concerns in their global threat analyses, our overseas development assistance remains locked into provision of water and hygienic services rather than responding to the full sweep of global water challenges including governance and policy failures, growing conflicts over water and the need for promoting sustainable transboundary water arrangements in partner countries. A fundamental departure from the past is urgently needed. Based on 18 case studies, Water, Security and U.S. Foreign Policy provides an analytical framework to help policy makers, scholars and researchers studying the intersection of U.S. foreign policy with the environment and sustainability issues, interpret the impacts of water-driven social disruptions on the stability of partner governments and U.S. interests abroad. The book also delivers specific recommendations to reorient U.S. development and diplomatic engagements that can forestall and prevent social disruptions and ensuing threats to U.S. prosperity and national security.
This report focuses on two basic issues: the major water-related challenges facing India, and the critical measures required to address them. It calls for a reinvigorated set of public water institutions to sustain water development and management in India.