Mapping water property rights through water use permits and the implications for water (re)allocation a global south overview

Open Access
Authors
Publication date 01-07-2026
Journal Water Policy
Volume | Issue number 28 | 7
Pages (from-to) 927-947
Organisations
  • Faculty of Social and Behavioural Sciences (FMG) - Amsterdam Institute for Social Science Research (AISSR)
Abstract
Water is vital and limited, making its (re)allocation among competing use(r)s unavoidable, especially in the context of over-allocated and polluted water. Understanding current (re)allocation instruments is therefore essential. Water (re)allocation is commonly undertaken via water use permits to grant a bundle-of-rights to users, but an initial review shows that the clauses of such permits may inhibit a potential redistribution. Hence, we ask: Do permit conditions create water (quasi-)property rights, and how do they differ across the Global South? By analysing constitutional and water laws from 110 countries, we conclude that (a) states primarily place water in the public domain; (b) permit-like instruments are widely used; (c) allocation conditions vary due to historical, institutional, and geographical contexts, calling for tailored governance strategies; (d) permit holders acquire differing degrees of quasi-property rights; and (e) permit conditions – like duration, renewal, and compensation – can limit reallocation, while alienation mechanisms, although offering flexibility, risk misalignment with the public interest. It remains unclear whether these permit systems erode traditional customary and riparian water rights on the ground. Our mapping exercise informs policymakers about trends in water quasi-property rights amidst hydro-climatic and water demand changes that complicate equitable access.
Document type Article
Language English
Published at
https://doi.org/10.2166/wp.2026.343 (Final published version)
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