Water is essential to the survival of the planet but it is a limited global resource. Therefore, how we manage water is of critical importance. Historically, water has been managed through classifications such as the commons; riparian rights and, in the United States of America, the doctrine of prior appropriation. In Australia, historically water was categorised according to where it was found. Hence, regimes developed based on riparian rights, rights in surface water in defined channels, rights in surface water not in defined channels and rights in (under)ground water. Traditionally, rights in water were tied to rights in land but in order to introduce effective trading regimes and to assist sustainable development, most Australian jurisdictions separated water rights from land rights. Such severance of rights along with the introduction of trade raises many political, legal and environmental issues.

In Australia, water regulation has developed into a a complex web of state based legislation with all states seeking to make their legislation reflect their own specific political, social, economic and environmental concerns. This course will examine the variety of state based legislation but will focus mainly on New South Wales. It will also examine the key Commonwealth legislation which governs water management. However, in order to appreciate that there are other methods of water regulatioln, consideration will be given to international experiences and some historical models will also be considered.

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The objective of this course is to provide students with a basic knowledge and understanding of both the substantive and policy aspects of Water Law. The course examines the basic objectives and principles underlying water management and includes an examination and critique of their effectiveness.