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CHAPTER 3 ■ AQUIFER CHARACTERISATION TECHNIQUESIAH. 2002. Groundwater recharge. Hydrogeology Journal 10 (1), Theme Issue.LLOYD J.W. 1999. An overview of groundwater management in arid climates. Water Management,Purification and Conservation in Arid Climates 9-52. Technomic, Lancaster, USA.MARGAT J. 1991. Static or Dynamic Approach to Groundwater Storage Assessment. Proc. IAHIntl. Conf. ‘Aquifer Overexploitation’ (Puerto de la Cruz-Tenerife, April 1991) : 359–64.PIZZI G. 1999. Modelling of the Western Jamahiriya Aquifer System. Proc. Int. Conf. ‘RegionalAquifer Systems – Managing Non-Renewable Resources’ (Tripoli, Nov. 1999). UNESCO/IHP-V Technical Documents in Hydrology 42.PIZZI G. and SATORI L. 1984. Interconnected Groundwater Systems Simulation (IGROSS) –Description of the System and a Case History Application. Journal Hydrology 75 : 255–85.PURI S., WONG H. and EL NASSER M. 1999. The Rum-Saq Aquifer Resource – Risk Assessment forLong Term Resource Reliability. Proc. Int. Conf. ‘Regional Aquifer Systems – ManagingNon-Renewable Resources’ (Tripoli, Nov. 1999). UNESCO/IHP-V Technical Documents inHydrology 42.SCHMIDT G., HOBLER M. and SOFNER B. 1999. Investigations on Regional Groundwater Systems inNE Africa and W Asia. Proc. Int. Conf. ‘Regional Aquifer Systems – Managing Non-RenewableResources’ (Tripoli, Nov. 1999). UNESCO/IHP-V Technical Documents in Hydrology 42.SUN R.J. and JOHNSON R.H. 1994. The Regional Aquifer Systems Analysis Programme of the USGS1978 –1992. USGS Circular 1099 : 126 pp.YURTSEVER Y. 1999. An Overview of Nuclear Science and Technology in GroundwaterAssessment/Management and IAEA Activities in the Gulf Region. 4th Gulf Intl WaterConference.Water Science and Technology Association, Bahrain.——. 2001. Environmental Isotopes in the Hydrological Cycle : Principles and Applications/Modelling (vol. VI), Technical Documents in Hydrology 39. UNESCO/IAEA.47
Chapter 4Legal and institutional considerationsMarcella Nanni, Stefano Burchi, Kerstin Mechlem and Raya M. StephanIntroductionAs was mentioned in Chapter 1, dealing with the management of non-renewable groundwaterresources is not just a matter of allocating available flows and preventing conflicts betweenusers, but also about planning their exploitation.Many countries still lack coherent policies and strategies for the management of groundwaterresources. However recently enacted legislation specific to the control of groundwaterabstractions and quality - or comprehensive water resources legislation with a specific focuson groundwater - suggests that efforts are being made towards achieving the goal of a moresustainable development, use and management of these resources. Efforts are also being madeto devise adequate institutional arrangements to administer this legislation.On the other hand, a number of large aquifer systems containing predominantly nonrenewablegroundwater resources span multiple countries (Table 3 (Chapter1)). As their developmenton one side of the border may have adverse effects on the other side, the issue ofco-operation over their management is to be considered. So far the international law of transboundaryaquifer systems (whether containing renewable groundwater or not) is little developedand there are very few examples of international cooperation in the management of theseaquifer systems.The national dimensionLegal aspectsNational legislation generally makes no distinction between renewable and non-renewablegroundwater resources. At the domestic level, a major issue is the legal nature of groundwaterresources, or in other words its ownership. When these are legally owned or held in trust bythe state on behalf of the national community it is easier, in principle, to introduce regulatorymanagement measures that restrict individual freedom to develop and use the resources(Caponera, 1992). Until recently, groundwater was privately owned in many countries, amongwhich European civil law countries such as France, Italy and Spain. A regime similar to privatewater ownership is present in common law countries like England, the USA and Australia.However there have been major legal reforms in these countries, and groundwater is now stateownedor subject to superior state use rights (Burchi and Nanni 2003). In arid countries of49
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