comparative review of contemporary water resources legislation: trends, developments and an agenda for reform

Key trends in water legislation include: attraction of water resources into the public domain; limitations on governmental authority to allocate water resources; controlled trading of water rights; the “greening” of water laws; capturing the land–water connection; and ensuring user participation in decision making and implementation. Hence the water law reform agenda is likely to be preoccupied with reconciling tenure security with risk and uncertainty; pursuing equitable resource allocation efficiency gains; raising the environment's profile in water resources allocation; rekindling the connection between water resources management and land use regulations; empowering users; and mapping the interface between customary and statutory water allocation.