Iran-Water Resources Research

Iran-Water Resources Research

Investigating the Nature and Elements of Water Transactions in the Formal Water Market Focused on Groundwater Market in Agricultural Sector

Document Type : Original Article

Authors
1 Master in Private Law, Imam Khomeini International University, Qazvin, Iran.
2 Assistant Professor in Law, Law Department, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran.
3 Associate Professor in Water Engineering, Water Engineering Department, Agricultural and Natural Resources Faculty, Imam Khomeini International University, Qazvin, Iran.
Abstract
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 and has challenged water experts to solve water problems. The water market is a mean which has been implemented and tested in this same regard. With the formation of these markets, ambiguities have been raised about how to enter the market, separation of water ownership from land, and how to conduct transactions in which 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 research 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. Also, 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, enter the market and transfer a share of water and not their licenses (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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  • Receive Date 22 June 2024
  • Revise Date 17 December 2024
  • Accept Date 04 January 2025