Increasing access to water through flexible entitlements?. (March 2023)

• Record Type: Journal Article
• Authors: Lange, Bettina; Williams, Philip Richard; Bendall, Barry
• Is Part Of: Environmental law review. Volume 25:Number 1(2023)
• Page Start: 28
• Page End: 42
• Publication Date: 2023-03
• Subjects: Climate change -- drought and water scarcity -- abstraction licensing -- water trading -- reciprocity and barter exchanges -- bubble licensing; Environmental law -- Great Britain -- Periodicals; Environmental law -- European Union countries -- Periodicals; 344.41046005
• DOI: 10.1177/14614529231156485
• Languages: English
• ISSNs: 1461-4529

Abstract

This article discusses 2 ideas for reforming abstraction of water from the natural environment in order to provide a balance between environmental protection and secure, sustainable access to water also for future generations. This matters in light of an increased risk of water scarcity and drought due to growth and a changing climate. The first of these ideas – a sliding scale of legal protection for abstractions seeks to match the strength of legal protection through the abstraction licence to how much water is abstracted, as well as to how critical to business use, and environmentally beneficial the abstraction is. The second idea – 'bubble licensing' – involves capping the amount of water available for abstraction in a catchment and to promote exchanges of water between abstractors, not just through trading, but also through reciprocity exchanges and bartering. This collective action approach is intended to transcend an individual fixed entitlement approach to abstracting water. The article develops its argument through an analysis of literature on water rights, pollution trading, water charges, as well as a reference to ongoing reform debates about abstraction licensing in England.