Common law and public domain approaches to water governance: an Australian perspective

Access to water and use of water are critical issues for individuals, corporate and institutional entities, all levels of government and nation states. The legal arrangements for water resources governance are equally critical: in particular, who controls access and use and according to what criteria. Is it the nation state in the exercise of rights of sovereignty; a public sector entity in the exercise of civil law, common law, codified or statutory rights; a group of individuals who are part of an interested community in the exercise of rights of common; or an individual person or a juridical entity in the exercise of a right of property? Is the exercise of these rights limited in any way? What is the nature of these rules..