Modern water law’s evolution can be traced back to the middle of the 19th century when some of the central principles that govern access to water were laid down. The link between land rights and use rights has remained the defining feature of water law. The other central dimension has been a strong tendency of the state to seek to assert sovereign control over water. In recent decades, increasing water scarcity and increasing concerns about water pollution have led to seemingly drastic changes. The extension of the Public Trust Doctrine to water in the mid-1990s was supposed to redefine the relationship between the state and water, both in terms of limiting the state’s capacity to control water use and in terms of giving priority to protection measures. Yet, in practice, the dozens of water laws adopted since the 1990s have largely maintained a focus on use and allocation, rather than prioritising environmental aspects. At this juncture, the rapidly growing crisis of water linked to broader environmental crises, such as the climate crisis, are leading to yet another rethinking of the bases for water law. The proposed introduction of ‘river rights’ emphasising the priority of ecology over use is one such framing.

Philippe Cullet is Professor of international and environmental law at SOAS University of London and a Senior Visiting Fellow at the Centre for Policy Research. He received his doctoral degree in law from Stanford University, an MA in Development Studies from SOAS University of London, an LLM from King’s College London and a law degree from the University of Geneva. He has published extensively on international and domestic environmental law, natural resources, water and sanitation and socio-economic rights and engages regularly with policymakers at the national and international levels.

He was a member of the Government of India, Ministry of Water Resources, River Development & Ganga Rejuvenation’s Committee drafting the Draft National Water Framework Bill, 2016, the Model Groundwater (Sustainable Management) Act, 2017 and the expert group drafting the Madhya Pradesh Right to Water Act, 2019. His latest books are Right to Sanitation in India – Critical Perspectives (Oxford University Press, 2019 – co-editors S. Koonan & L. Bhullar) and Research Handbook on Law, Environment and the Global South (Edward Elgar, 2019 – co-editor S. Koonan). He is co-editing (with L. Bhullar & S. Koonan) the Oxford Handbook of Environmental and Natural Resources Law in India forthcoming in 2023.