Investigating the Nature of the Issue and the Elements of Water Transactions in the Formal Water Market Focused on Groundwater Market in Agricultural Sector
Due to the disorder in the management and consumption of water resources, these resources cannot sustainably meet the needs of consumers. Lack of water is a problem that caused irreparable losses, which has made water experts to try to solve water problems. The water market has been implemented and...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | fas |
| Published: |
Iranian Water Resources Association
2024-11-01
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| Series: | تحقیقات منابع آب ایران |
| Subjects: | |
| Online Access: | https://example.com/full-text |
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| Summary: | Due to the disorder in the management and consumption of water resources, these resources cannot sustainably meet the needs of consumers. Lack of water is a problem that caused irreparable losses, which has made water experts to try to solve water problems. The water market has been implemented and tested in this regard. With the formation of these markets, ambiguities have been created about how to enter the market and the separation of water ownership from land and how to conduct transactions; Transactions that the nature of the contracts, the parties and the subject of the transaction are not precisely known. Considering the importance of forming water markets in managing demand and improving water efficiency, it is vital to know the legal aspects of these transactions. Examining the elements of water transactions using library and field sources and descriptive-analytical method shows that the nature of these transactions is closer to the acquisition and commutative definite contracts of the civil law, such as sale and the parties to the transactions are the users who, with the interpretation of water ownership after obtaining license and within the framework of the law, they enter the market and transfer a share of water and not their license (right) against receiving a consideration. Therefore, despite the public ownership of water, if transparent legal mechanisms are defined, it is possible to formalize water transactions. |
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| ISSN: | 1735-2347 |