Groundwater is a critical natural resource, but the law has always struggled with it. During the 19th and early 20th centuries, the common law developed several doctrines to allocate groundwater among competing users. The groundwater revolution of the mid-20th century produced an explosive growth in pumping worldwide—and quickly exposed the flaws of these doctrines. Legal rules predicated on land and on surface waters could not meet the challenges posed by the common-pool groundwater resource: those of understanding groundwater dynamics, quantifying the impacts of pumping on other water rights, and devising satisfactory remedies. Unfettered by received property restraints, pumping on an industrial, aquifer-wide scale depleted and contaminated aquifers, regardless of doctrine.
The groundwater revolution motivated significant legal developments. Starting in the 1970s, the Supreme Court of the United States adapted its methods for resolving interstate water disputes to include the effects of groundwater pumping. This jurisprudence has fundamentally influenced international groundwater law, including the negotiation of trans-boundary aquifer agreements. Advances in hydrogeology and computer groundwater modeling have enabled states and parties to evaluate the effects of basin-wide pumping. Nonetheless, difficult legal and governance problems remain. Which level of government—local, state, or national—should exercise jurisdiction over groundwater? What level of pumping qualifies as “safe yield,” especially when the aquifer is overdrawn? How do the demands of modern environmental law and the public trust doctrine affect groundwater rights? How can governments satisfy long-neglected claims to water justice made by Indigenous and minority communities? Innovations in groundwater management provide promising answers. The conjunctive management of surface and groundwater can stabilize water supplies, improve water quality, and protect ecosystems. Integrated water resources management seeks to holistically manage groundwater to achieve social and economic equity. Water markets can reward water conservation, attract new market participants, and encourage the migration of groundwater allocations to more valuable uses, including environmental uses.
The modern law of groundwater allocation combines older property doctrines with 21st-century regulatory ideals, but the mixture can be unstable. In nations with long-established water codes such as the United States, common-law Anglophone nations, and various European nations, groundwater law has evolved, if haltingly, to incorporate permitting systems, environmental regulation, and water markets. Elsewhere, the challenges are extreme. Long-standing calls for groundwater reform in India remain unheeded as tens of millions of unregulated tube wells pump away. In China, chronic groundwater mismanagement and aquifer contamination belie the roseate claims of national water law. Sub-Saharan nations have enacted progressive groundwater laws, but poverty, racism, and corruption have maintained grim groundwater realities. Across the field, experts have long identified the central problems and reached a rough consensus about the most effective solutions; there is also a common commitment to secure environmental justice and protect groundwater-dependent ecosystems. The most pressing legal work thus requires building practical pathways to reach these solutions and, most importantly, to connect the public with the groundwater on which it increasingly depends.
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The Allocation of Groundwater: From Superstition to Science
Burke W. Griggs
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Water User Associations and Collective Action in Irrigation and Drainage
Bryan Bruns
If there is too little or too much water, farmers may be able to work together to control water and grow more food. Even before the rise of cities and states, people living in ancient settlements cooperated to create better growing conditions for useful plants and animals by diverting, retaining, or draining water. Local collective action by farmers continued to play a major role in managing water for agriculture, including in later times and places when rulers sometimes also organized construction of dams, dikes, and canals.
Comparative research on long-lasting irrigation communities and local governance of natural resources has found immense diversity in management rules tailored to the variety of local conditions. Within this diversity, Elinor Ostrom identified shared principles of institutional design: clear social and physical boundaries; fit between rules and local conditions, including proportionality in sharing costs and benefits; user participation in modifying rules; monitoring by users or those accountable to them; graduated sanctions to enforce rules; low-cost conflict resolution; government tolerance or support for self-governance; and nested organizations.
During the 19th and 20th centuries, centralized bureaucracies constructed many large irrigation schemes. Farmers were typically expected to handle local operation and maintenance and comply with centralized management. Postcolonial international development finance for irrigation and drainage systems usually flowed through national bureaucracies, strengthening top-down control of infrastructure and water management.
Pilot projects in the 1970s in the Philippines and Sri Lanka inspired internationally funded efforts to promote participatory irrigation management in many countries. More ambitious reforms for transfer of irrigation management to water user associations (WUAs) drew on examples in Colombia, Mexico, Turkey, and elsewhere. These reforms have shown the feasibility in some cases of changing policies and practices to involve irrigators more closely in decisions about design, construction, and some aspects of operation and maintenance, including cooperation in scheme-level co-management. However, WUAs and associated institutional reforms are clearly not panaceas and have diverse results depending on context and on contingencies of implementation. Areas of mixed or limited impact and for potential improvement include performance in delivering water; maintaining infrastructure; mobilizing local resources; sustaining organizations after project interventions; and enhancing social inclusion and equity in terms of multiple uses of water, gender, age, ethnicity, poverty, land tenure, and other social differences.
Cooperation in managing water for agriculture can contribute to coping with present and future challenges, including growing more food to meet rising demand; competition for water between agriculture, industry, cities, and the environment; increasing drought, flood, and temperatures due to climate change; social and economic shifts in rural areas, including outmigration and diversification of livelihoods; and the pursuit of environmental sustainability.
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Bioeconomic Models
Ihtiyor Bobojonov
Bioeconomic models are analytical tools that integrate biophysical and economic models. These models allow for analysis of the biological and economic changes caused by human activities. The biophysical and economic components of these models are developed based on historical observations or theoretical relations. Technically these models may have various levels of complexity in terms of equation systems considered in the model, modeling activities, and programming languages. Often, biophysical components of the models include crop or hydrological models. The core economic components of these models are optimization or simulation models established according to neoclassical economic theories. The models are often developed at farm, country, and global scales, and are used in various fields, including agriculture, fisheries, forestry, and environmental sectors. Bioeconomic models are commonly used in research on environmental externalities associated with policy reforms and technological modernization, including climate change impact analysis, and also explore the negative consequences of global warming. A large number of studies and reports on bioeconomic models exist, yet there is a lack of studies describing the multiple uses of these models across different disciplines.
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Agricultural Subsidies and the Environment
Heather Williams
Worldwide, governments subsidize agriculture at the rate of approximately 1 billion dollars per day. This figure rises to about twice that when export and biofuels production subsidies and state financing for dams and river basin engineering are included. These policies guide land use in numerous ways, including growers’ choices of crop and buyers’ demand for commodities. The three types of state subsidies that shape land use and the environment are land settlement programs, price and income supports, and energy and emissions initiatives. Together these subsidies have created perennial surpluses in global stores of cereal grains, cotton, and dairy, with production increases outstripping population growth. Subsidies to land settlement, to crop prices, and to processing and refining of cereals and fiber, therefore, can be shown to have independent and largely deleterious effect on soil fertility, fresh water supplies, biodiversity, and atmospheric carbon.
