Feb 11, 2013 18:35
11 yrs ago
1 viewer *
English term
specific water right
English
Social Sciences
International Org/Dev/Coop
For instance, in January 2011, the final judgement was delivered on a lawsuit brought by representatives of a group of the Basarwa indigenous community living in the Central Kalahari Game Reserve in Botswana under the country’s Water Act to enforce their right to water. The community found itself in the position of lawfully residing in the reserve, but not being allowed to make use of the existing borehole for their water needs. The community suffered from the lack of access to water, not having sufficient water for personal hygiene and other personal and domestic uses, leading to serious consequences for their health. The Court noted that the correct interpretation of the Water Act allowed anyone occupying land to drill boreholes for domestic use without a **specific water right**.
I am not sure what this means exactly.
Thank you for your help!
I am not sure what this means exactly.
Thank you for your help!
Responses
23 mins
Selected
without having specified permission or rights
imo
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Note added at 24 mins (2013-02-11 19:00:07 GMT)
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as it says that "ANYONE" can drill so this means you don't have to have pre-approved rights or authorisation (permission)
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Note added at 30 mins (2013-02-11 19:05:52 GMT)
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there is already a borehole but the community can't use it. It is not clear without further context if (a) this was bored by some "outsider" for their own "domestic" use and it's up to the community to go ahead and drill their own now for their own use or
b) that they can use the borehole water already there.
I think it's probably a) but would need more context to be sure
and "specified" would mean specific to
you the person or specific to the place the bamount i
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Note added at 32 mins (2013-02-11 19:07:40 GMT)
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oops! meant to delete last bit
specific to the person drilling or the place drilled (or even the size of the borehole)
Of course, "domestic" use is not industrial use
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Note added at 34 mins (2013-02-11 19:09:49 GMT)
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In answer to your question: I can't be sure but yes, it COULD mean that or it could mean that it's private use and the community have to go ahead and drill their own.
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Note added at 36 mins (2013-02-11 19:11:42 GMT)
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what the ruling is saying is that everyone has a RIGHT to water and can drill a borehole
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Note added at 57 mins (2013-02-11 19:32:41 GMT)
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no problem Nadia. Hope it's a bit clearer...
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Note added at 4 days (2013-02-16 10:08:26 GMT) Post-grading
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glad to have helped
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Note added at 24 mins (2013-02-11 19:00:07 GMT)
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as it says that "ANYONE" can drill so this means you don't have to have pre-approved rights or authorisation (permission)
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Note added at 30 mins (2013-02-11 19:05:52 GMT)
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there is already a borehole but the community can't use it. It is not clear without further context if (a) this was bored by some "outsider" for their own "domestic" use and it's up to the community to go ahead and drill their own now for their own use or
b) that they can use the borehole water already there.
I think it's probably a) but would need more context to be sure
and "specified" would mean specific to
you the person or specific to the place the bamount i
--------------------------------------------------
Note added at 32 mins (2013-02-11 19:07:40 GMT)
--------------------------------------------------
oops! meant to delete last bit
specific to the person drilling or the place drilled (or even the size of the borehole)
Of course, "domestic" use is not industrial use
--------------------------------------------------
Note added at 34 mins (2013-02-11 19:09:49 GMT)
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In answer to your question: I can't be sure but yes, it COULD mean that or it could mean that it's private use and the community have to go ahead and drill their own.
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Note added at 36 mins (2013-02-11 19:11:42 GMT)
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what the ruling is saying is that everyone has a RIGHT to water and can drill a borehole
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Note added at 57 mins (2013-02-11 19:32:41 GMT)
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no problem Nadia. Hope it's a bit clearer...
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Note added at 4 days (2013-02-16 10:08:26 GMT) Post-grading
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glad to have helped
Note from asker:
Permission or right? Could it mean that whoever drills the borehole does not own it or the water? |
Thank you Gallagy for your help! |
4 KudoZ points awarded for this answer.
Comment: "Thank you Gallagy!"
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