The Evolution of Water Law and Policy in Spain

Embid, Antonio

doi:10.1080/07900620220135094

Cited by 9 publications

(6 citation statements)

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“…This water management created the engineering and technical paradigms around water resources giving aside people's participation in water governance (Lopez-Gunn, 2009). However, water institutionalism has evolved in Spain since the arrival of democracy, and more progressive policies and the emergence of civil movements have promoted more inclusive water governance (Embid, 2002). In this context, the Water New Culture principles have received more attention in policies and laws (S anchez-Mart ınez et al, 2012).…”

Section: Nature Governance For Collective Well-being: Results and Dis...mentioning

confidence: 99%

Nature governance for collective well-being: reconciling holistic sustainability and human development

Londono-Escudero¹

2022

JHASS

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PurposeThis article aims to contribute to the literature linking the three pillars of sustainable development with the human development field. To do so, it analyzes how a group of stakeholders that participate in collective action for nature governance in Segre–Rialb, Catalonia, build collective capabilities and reconcile a holistic sustainable development with human development and collective well-being. The analysis is performed using nature governance and the capability approach theories. In particular, the framework providing the lenses to examine the collective action for nature governance is based on Elinor Ostrom's Institutional and Analysis framework and the collective capabilities concept.Design/methodology/approachThe study is based on documental analysis (legal document namely and online resources available in Catalonian website) and a few online interviews since all fieldwork was canceled due to the coronavirus disease 2019 (COVID-19) pandemic.FindingsThe case study reveals that collective action for nature governance has a twofold function: it materializes holistic sustainability and produces capabilities, reconciling sustainable and human development. Therefore, the research proves that people who work together to govern nature can boost a holistic perspective of sustainability and reconcile sustainable and human development.Originality/valueFirst, this work aims to reconcile sustainable and human development fields that have been usually separated in academia, contributing to the research body that has attempted to relate human development and sustainability. This analysis uses a holistic perspective of sustainability, including the social, economic and environmental aspects connecting them to human development; this was not deeply explored before. Finally, the rigorous documental analysis, namely legal texts that allow reaching conclusions, is relevant since all fieldworks were canceled in 2021.

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Section: Nature Governance For Collective Well-being: Results and Dis...mentioning

confidence: 99%

Nature governance for collective well-being: reconciling holistic sustainability and human development

Londono-Escudero¹

2022

JHASS

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“…Moreover, Spain's water law clearly states 'rationality' as a standard test. 244 Act 29/1985 of the Spanish water law states the need to conserve water resources and requires private individuals to pursue rational use of water resources. 245 In general, appropriate water allocation results in more socially and economically beneficial use of resources and protection of the environment.…”

Section: Options In Applying 'Reasonable Use' and 'Beneficialmentioning

confidence: 99%

The Quest for Standard Tests in Prioritizing Water Use Rights in Ethiopia: Reasonable Use, Beneficial Use or ‘Beyond’

Embaye¹

2016

Miz Law Rev

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The use of water is a basic and universal human right while the right to use water is one of the most contested rights. There are common problems and debates in relation to setting the order of priority to promote equitable utilization aligned with equitable allocation under water resources governance. This article examines different literature, theories, laws and policies to search the standard tests. There are priorities related to conflicting interests. Moreover, there are problems of depletion, pollution, water grabbing, wastage of water, and water crisis that are attributable to lack of comprehensive regulations, or confusions in putting policy options. The regulatory tools lack clarity and sufficiency with regard to the incorporation of standard tests. There is thus the need for a relatively exhaustive order of priorities that embody human rights to water and other situational and policy justifications. The justifications are expected to reinforce the reasonablebeneficial use standard tests with due flexibility in reordering priorities where they are incompatible. The technical application of the standard tests in ordering priorities can control water grabbing and wastage of water. This requires policy options that are helpful to avoid water grabbing and water wastage thereby facilitating the attainment of the 'highest social and economic benefits'.

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“…Tbe solution is to build water infrastmctures that increase water supply in those areas where water is scarce. Given the nature of water and the general interest, it is reasonable for the state to assume the cost of this infrastmcture (Costa, 1911;Embid, 2002).…”

Section: Introductionmentioning

confidence: 99%

A never-ending debate: demand versus supply water policies. A CGE analysis for Catalonia

Llop

Ponce-Alifonso

2012

Water Policy

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Water scarcity is a long-standing problem in Catalonia, as there are significant differences in the spatial and temporal distribution of water throughout the territory. There has consequently been a debate for many years about whether the solution to water scarcity must be considered in terms of efficiency or equity, the role that the public sector must play and the role that market-based instruments should play in water management. The aim of this paper is to analyse the advantages and disadvantages associated with different policy instruments, from both a supply and a demand viewpoint, which can be applied to water management in Catalonia. For this purpose, we use a computable general equilibrium (CGE) model, in which we introduce an ecological sector that allows us to analyse the environmental and economic impact of the altemative policies simulated. The calibration of the exogenous variables of the CGE model is performed by using a social accounting matrix (SAM) for the Catalan economy with 2001 data. The results suggest that taking into account the principle of sustainability of the resource, the policy debate between supply and demand in water policies is obsolete and a new combination of policies is required to respect the different values associated with water.

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The Evolution of Water Law and Policy in Spain

Cited by 9 publications

References 0 publications

Nature governance for collective well-being: reconciling holistic sustainability and human development

Nature governance for collective well-being: reconciling holistic sustainability and human development

The Quest for Standard Tests in Prioritizing Water Use Rights in Ethiopia: Reasonable Use, Beneficial Use or ‘Beyond’

A never-ending debate: demand versus supply water policies. A CGE analysis for Catalonia

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