Barbara van Koppen1 This study uses the term 'water tenure' as the term 'law' may be misinterpreted and be confined to only state law. 2 These terms are used interchangeably to indicate the empirical, existing 'living' realities as assessed by researchers. 'Local' or 'informal' conveys the dynamic nature largely outside the ambit of the state while 'customary' better conveys the history and social embeddedness of the rules and norms. This report avoids legal constructs of customary law as interpreted by colonial lawyers, judges and experts, often to legitimize resource grabbing (Hellum et al. 2015).