Comparison of Groundwater Ownership Regimes in Ten Jurisdictions Across Five Continents

Abstract The regulation of groundwater remains underdeveloped globally and often lags behind the domestic governance of surface water. As a result, groundwater is often subject to unfettered extraction, uses, and contamination. A clear understanding of ownership is central to the success of domestic regulations. However, the types of ownership regime in place in nations around the world are poorly documented in the academic literature. This study addresses that gap through a comparative analysis of domestic groundwater ownership regimes across ten jurisdictions in nine countries spanning five continents. It identifies three dominant models of groundwater ownership: private ownership, public ownership, and non-ownership with public oversight. It then examines how these ownership doctrines impact key dimensions of groundwater governance, including the nature and transferability of the ownership right, the level of government at which regulation takes place, implications for rights of use, and interactions with customary and Indigenous rights. Doing so offers unique insight into how nations with different legal traditions, governance structures, and customary practices address the ownership of groundwater resources. It also suggests that different ownership (and non-ownership) models can have distinct implications for other aspects of groundwater governance.

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Publication Details

Journal
Transnational Environmental Law
Published
2026-01-29
DOI
https://doi.org/10.1017/s2047102525100149
Primary Topic
Transboundary Water Resource Management
Type
article
Field-Weighted Citation Impact
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article

Comparison of Groundwater Ownership Regimes in Ten Jurisdictions Across Five Continents

Heping Dang, Gabriela Cuadrado Quesada, Imad Antoine Ibrahim, Amy Hardberger et al.
Transnational Environmental Law
Transboundary Water Resource Management
article

Comparison of Groundwater Ownership Regimes in Ten Jurisdictions Across Five Continents

Heping Dang, Gabriela Cuadrado Quesada, Imad Antoine Ibrahim, Amy Hardberger, Eric L. Garner, Robyn Stein, Theo Buchler, Gabriel Eckstein, Caleb Cook, Juan Pablo Galeano, Stefano Burchi, Oudi Kgomongwe
article en

Abstract

Abstract The regulation of groundwater remains underdeveloped globally and often lags behind the domestic governance of surface water. As a result, groundwater is often subject to unfettered extraction, uses, and contamination. A clear understanding of ownership is central to the success of domestic regulations. However, the types of ownership regime in place in nations around the world are poorly documented in the academic literature. This study addresses that gap through a comparative analysis of domestic groundwater ownership regimes across ten jurisdictions in nine countries spanning five continents. It identifies three dominant models of groundwater ownership: private ownership, public ownership, and non-ownership with public oversight. It then examines how these ownership doctrines impact key dimensions of groundwater governance, including the nature and transferability of the ownership right, the level of government at which regulation takes place, implications for rights of use, and interactions with customary and Indigenous rights. Doing so offers unique insight into how nations with different legal traditions, governance structures, and customary practices address the ownership of groundwater resources. It also suggests that different ownership (and non-ownership) models can have distinct implications for other aspects of groundwater governance.

Transnational Environmental Law
Texas Tech University (US), Chinese University of Hong Kong (HK), IHE Delft Institute for Water Education (NL), Mitchell Institute (US), Building Engineering and Science Talent (US), Water Research Commission (ZA), Association of Southeast Asian Nations (ID), Clinical Research Consultants (United States) (US), Texas A&M University (US), University of Twente (NL)
Openalex Percentile: Top 77%
Transboundary Water Resource Management
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