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Water rights markets: Institutional elements
- Source: CEPAL Review, Volume 1996, Issue 59, Nov 1996, p. 83 - 96
- Spanish
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- 11 Nov 1996
Abstract
Water is a scarce resource which has an economic value and fulfills important ecological and social functions. For this reason, it is normally considered a public good of the State, which grants user rights to private individuals. These rights arc usually protected by constitutional provisions regarding private property, since it is assumed that the private sector will not make investments unless it has guaranteed ownership rights. On the other hand, the water in respect of which user rights arc granted must indeed be used for socially beneficial purposes: otherwise the rights arc revoked. There are some systems where the user rights are unconditional, but this is not usual. The legal elements affecting the stability of water rights are of a structural nature: they include rules ensuring stability, those concerning the transfer of such rights, and rules on the recognition of prior uses and rights.