Comparison of Groundwater Ownership Regimes in Ten Jurisdictions Across Five Continents

Read full text
Authors: Gabriel Eckstein, Theo Buchler, Caleb Cook, Heping Dang, Robyn Stein, Stefano Burchi, Gabriela Cuadrado Quesada, Juan Pablo Galeano, Eric L. Garner, Amy Hardberger, Imad Antoine Ibrahim, Oudi Kgomongwe
Cited by: 1

Abstract

Abstract The regulation of groundwater remains underdeveloped globally and often lags behind the domestic governance of surface water. As a result, groundwater is often subject to unfettered extraction, uses, and contamination. A clear understanding of ownership is central to the success of domestic regulations. However, the types of ownership regime in place in nations around the world are poorly documented in the academic literature. This study addresses that gap through a comparative analysis of domestic groundwater ownership regimes across ten jurisdictions in nine countries spanning five continents. It identifies three dominant models of groundwater ownership: private ownership, public ownership, and non-ownership with public oversight. It then examines how these ownership doctrines impact key dimensions of groundwater governance, including the nature and transferability of the ownership right, the level of government at which regulation takes place, implications for rights of use, and interactions with customary and Indigenous rights. Doing so offers unique insight into how nations with different legal traditions, governance structures, and customary practices address the ownership of groundwater resources. It also suggests that different ownership (and non-ownership) models can have distinct implications for other aspects of groundwater governance.

Fields of Study & Subjects

Transboundary Water Resource Management Water Governance and Infrastructure Environmental law and policy

Publication details

Journal / source
Transnational Environmental Law
Publisher
Cambridge University Press (CUP)
Volume
15
Issue
1
Pages
63–90
Publication date
29 January 2026
Language
EN