Competing Water Resource Demands in Ethiopia’s Federal System: Infancy of the Law toward Integrated Management
The Federal Democratic Republic of Ethiopia Constitution confines the power of regional states over water to administration of watercourse that flows within their respective territories. Various proclamations introduce an integrated approach to water resources management through the application of proper and integrated master planning. To this end, a new institutional framework is established through the creation of Basins’ Development Authority at national level. The previously established Basin High Councils and Authorities were implementing integrated water management within their respective basins and the powers and obligations of the basin based high councils and authorities are transferred to the newly established National Basin High Council and Basins Development Authority. Some adjustments are necessary due to federalism and issues related to the constitutional framework of water resources that have been overlooked. When the Water Resources Management Proclamation and other water laws are read together with the various provisions of the FRDE Constitution, they lack clarity save the power of the federal government to enact framework legislation over water resources within states’ territories. Works undertaken by the federal profit-oriented public enterprises transforming water into an economic good on the lands that are administered by the regional states is an area of on-going controversy. I argue that regional states should claim their constitutional right to levy and collect land use fee from profit making federal public enterprises that are engaged in transforming water into economic good within the framework of integrated water resources management system.
Water · Water resources · Federalism · Water law · Integrated water resources management · Ethiopia
a) Copyright of the content of the articles shall be retained by the author subject to the condition that it cannot be republished in another journal. The reproduction of the article as book chapter requires the acknowledgement of its prior publication in Mizan Law Review.
b) An author is entitled to deposit her/his published article in any Open Access repository subject to the condition that the format and layout shall not be changed. Depositing a post-publication version in any repository requires acknowledgement of the earlier version by indicating the Volume, Issue and page numbers of the version published in Mizan Law Review.
c) Articles published in Mizan Law Review are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)
a) Where the Editorial Team deems it necessary, the editors may remove precise reference to names of individuals in case comments.
b) The names and email addresses submitted to and published in Mizan Law Review shall not be made available for any other purpose or to any other party.
Opinions expressed in articles, comments, case comments and sharing thoughts do not necessarily reflect the views of the Editorial Team, or the publisher of the journal, i.e., Center for Law in Sustainable Development, St. Mary’s University.