Statutory verification of water rights: the 'insuperable' difficulties of propertising water entitlements

The abolition of riparian entitlements in the early stages of colonial Australia and the vesting of these rights in the Crown represented a turning point for the evolution of private water rights. The extinguishment of common law rights connected to vested land interests and the introduction of new, unaligned statutory entitlements provided a new and fundamentally different system for the creation and regulation of private water entitlements. Unlike riparian entitlements, in the absence of express definition, statutory water entitlements may only be verified as property where such a construction is consistent with the nature and scope of the entitlement. In this respect, the statutory framework has disaggregated the propertisation of water rights from land ownership and linked the process to broader statutory interpretation principles. The shift away from institutional property has generated concerns about the interpretive approaches appropriate for the verification of legislative water entitlements. This article examines the existing interpretive approaches and argues that the blurring of the propertisation process with the separate issue of whether any change or modification of such water rights attracts s 51(xxxi) of the Commonwealth Constitution has produced a situation where core property indicia is increasingly overshadowed by legislative defeasibility. In the recent High Court decision of ICM Agriculture Pty Ltd v Commonwealth, the focus of the majority judgements upon the inherent susceptibility of legislative entitlements to variation or extinguishment acted as a catalyst for the non-propertisation of statutory bore water licences in New South Wales. The emphasis the majority judgements gave to legislative defeasibility precluded a full and balanced assessment of other highly relevant property indicia, in particular the expectation interests of the holders. Conflating property and constitutional evaluation in this way is inappropriate in an era where entitlements to natural resource interests are increasingly statute based and the verification process has significant social and economic repercussions. Determining whether a statutory entitlement constitutes property requires a careful balancing of legislative intent, social and environmental context and individual expectation and the vicissitudes of a regulatory context should not eclipse this process.

Basic Needs, Property Rights and Degradation Of Commons

A major problem in many developing countries is the degradation of commons. This degradation has occurred on account of the lack of fulfilment of the basic needs of the poor, free riding and ill–defined property rights. As these goods are essential for the survival of these people, they have to access these items from commons. This results in regular raids to common land for resources and also to private houses (for example, in New Delhi) which are not guarded for water. A variant of the agricultural household model is used to analyse the above problem. Several propositions are established and it is demonstrated that degradation can occur at both a low and high price of basic needs. This result has important policy implications as it demonstrates that land or common degradation cannot be solved by just using the price system. Properly defined property rights and provision of basic goods in kind may resolve the problem of degradation of commons.

The impacts of recycled water on Great Western vineyard soils

Recycled water has facilitated expansion of viticulture in Great Western, Victoria. The recycled water is of medium salinity, and has high concentrations of nutrients and sodium. Irrigation has resulted in increased topsoil EC, pH, and ESP. Laboratory studies identified spatially heterogeneous soils which present a risk of groundwater and offsite contamination.

Regulatory theory insights into the past, present and future of general purpose water accounting standard setting

Purpose – Accounting and water industry experts are developing general-purpose water accounting (GPWA) to report information about water and rights to water. The system has the potential to affect water policies, pricing and management, and investment and other decisions that are affected by GPWA report users' understanding of water risks faced by an entity. It may also affect financial returns to accounting and auditing firms and firms in water industries. In this paper the authors aim to examine the roles of the accounting profession, water industries and other stakeholders in governing GPWA. Recognising that the fate of GPWA depends partly upon regulatory power and economics, they seek to apply regulatory theories that explain financial accounting standards development to speculate about the national and international future of GPWA.

Design/methodology/approach – Official documents, internal Water Accounting Standards Board documents and unstructured interviews underpin the authors' analysis.

Findings – The authors speculate about the benefits that might accrue to various stakeholder groups from capturing the GPWA standard-setting process. They also suggest that internationally, water industries may dominate early GPWA standards development in the public interest and that regulatory capture by accounting or water industry professionals will not necessarily conflict with public interest benefits.

Practical implications – Accounting for water can affect allocations of environmental, economic, social and other resources; also, accounting and water industry professional standing and revenues. In this paper the authors identify factors influencing GPWA standards and standard-setting institutional arrangements, and thereby these resource allocations. The paper generates an awareness of GPWA's emergence and practical implications.

Originality/value – This is an early study to investigate water accounting standard-setting regulatory influences and their impact.

Storm water harvesting and reuse in Australia : enhanced sand filtration for the treatment of storm water

This study details the removal of common storm water pollutants along with heavy metals by enhanced sand filtration. Three filtration flow rates were trialled: 5, 10 and 20 m/h. The performance of each filter was rated on the ability to remove turbidity, suspended solids, dissolved solids, phosphorus, nitrogen, lead, copper and Zinc. Conventional sand filter was used as a performance benchmark, and compared with four sand filters that are enhanced with a nylon carpet fibre, polypropylene carpet fibre, Syrian carpet fibre-enhanced and alum sludge-enhanced sand filter. Carpet fibre-enhanced sand filtration was highly effective at filtering simulated storm water and in most cases performing well above the conventional sand filters. The carpet fibre-enhanced sand filters had no drop in flow rates over the 4 h filtration period with following removal rates: up to 90% total suspended solids, 70% zinc, 60% turbidity, 25% phosphorus, 15% nitrogen and 10% total dissolved solids. However, results showed that alum sludge-enhanced sand filter performed the highest, with removal rates up to 100% for total suspended solids, 80% zinc, 90% turbidity, up to 80% phosphorus, up to 40% nitrogen and 3% total dissolved solids. But the flow rates dropped approximately two-thirds of the original flow rates within the first hour. © 2014 © 2014 Balaban Desalination Publications. All rights reserved.

A modified Intelligent Water Drops algorithm and its application to optimization problems

The Intelligent Water Drop (IWD) algorithm is a recent stochastic swarm-based method that is useful for solving combinatorial and function optimization problems. In this paper, we investigate the effectiveness of the selection method in the solution construction phase of the IWD algorithm. Instead of the fitness proportionate selection method in the original IWD algorithm, two ranking-based selection methods, namely linear ranking and exponential ranking, are proposed. Both ranking-based selection methods aim to solve the identified limitations of the fitness proportionate selection method as well as to enable the IWD algorithm to escape from local optima and ensure its search diversity. To evaluate the usefulness of the proposed ranking-based selection methods, a series of experiments pertaining to three combinatorial optimization problems, i.e., rough set feature subset selection, multiple knapsack and travelling salesman problems, is conducted. The results demonstrate that the exponential ranking selection method is able to preserve the search diversity, therefore improving the performance of the IWD algorithm. © 2014 Elsevier Ltd. All rights reserved.

Developing a systems understanding of rural water supply in Timor-Leste

 Systems thinking techniques help to explain the lack of robustness of rural water systems in Timor-Leste. Development drivers currently promote increasing coverage of water programs with little concern for ongoing functionality. Investing in increased community participation, and promoting community and individual decision making, would improve the robustness of these systems.