Journal of Water Law - Volume 27 - Issue 3

ARTICLES
A critical analysis of the development of the concept of giving rivers a personality: does it in fact help to protect the rivers?
CRISPIN AGNEW QC  
Honorary Research Fellow, Dundee Law School, University of Dundee
ISHRAT JAHAN LLB (Hons), LLM, University of Dhaka, Bangladesh;  Master of Environmental Law, University of Melbourne, Australia

There is a general worldwide move towards the protection and management of the environment and ecosystem of rivers and river basins. Different countries are adopting different regimes to provide that protection including by giving rivers legal personality which has been achieved in three ways: first, under statute, secondly by court decision, and thirdly under national Constitutions relied on by the court. However, there are still some problems as identified by O’Donnell and Macpherson and Magellanes, that are arising from protection through giving rivers a personality.

Legal reform to promote increased water recycling and reuse from Canadian shale oil and gas development
ALLAN INGELSON 
University of Calgary, Alberta

In Western Canada and the United States of America, shale oil and gas development continues to replace declining hydrocarbon reserves and contributes to energy security. However, decades-old legislation and regulations that mandate injection of saline wastewater into subsurface disposal wells were not designed to encourage the treatment and recycling of produced water from HF operations. Notwithstanding the willingness of oil and gas operators in Western Canada to recycle and use more produced water, a status quo oriented pro-injection regulatory system has discouraged most companies from recycling produced water. However, recent changes in the provincial regulatory frameworks have removed some of the legal obstacles to facilitate increased water reuse consistent with more sustainable development policies.

The economic regulation of water supply in Ethiopia: a review of constitutional and legal bases
JETU EDOSA CHEWAKA  
School of Law, Addis Ababa University

In developing countries like Ethiopia, water supply services are still dominated by public authorities. However, Ethiopian water policy considers the need to consider water as an ‘economic good’ and emphasises the role of private sector involvement in water supply services. This article analyses the constitutional and legal regimes applicable to the economic regulation of water supply. There is, however, no legal basis for the affordable price regulation of private bottled water supply systems. Once the bottled water supplier has acquired a water abstraction permit, the price of bottled water supply is determined only by the bottled water companies.

CASE COMMENTARY

US - EPA announces reconsideration and potential revision of the Clean Water Act section 401 final rule
CHUCK SENSIBA, ANGELA LEVIN,  ANDREA WORTZEL, DAVE ROSS,  MISHA TSEYTLIN, MORGAN GERARD
Troutman Pepper Hamilton Sanders, Washington DC

STRATEGIC ISSUES England and Wales

Flooding Action Plan
ENVIRONMENT AGENCY  
Published 12 May 2021

Illegal abstraction:  potentially eye-watering fines
MICHELLE HEADRIGE, JULIE GOULBOURNE  
Addleshaw Goddard, Manchester