Short Note: Water Rights and the People: When Water Claims Its Due— An Examination of Water Rights as a Public Right, Rivers, Watercourses, and the Necessity of Adapting to Water Scarcity

Articles in Press

Document Type : Editorial and Short Notes

Author

Mohammad Bakhshi mohebi

PhD in Criminal Law and Criminology / Head of the Legal-Social Commission of the Provincial Water Scarcity Adaptation Task Force

Abstract

Water cannot be regarded merely as an economic commodity or an object for private exploitation. It is intrinsically linked to the right to life, health, the environment, food security, sustainable development, and the rights of future generations; in this sense, it constitutes one of the most significant instances of public rights. The drilling of unauthorized wells, the excessive extraction of groundwater, the pollution of water resources, and the encroachment upon riverbeds and watercourses are not merely administrative or environmental violations—they can directly threaten the rights of the public.




















Field experiences in Khorasan Razavi—such as the management and rehabilitation of the Kashaf-rud and Ardak rivers, as well as the restoration of natural watercourses and urban drainage channels—demonstrate that the protection of water rights must shift away from a purely reactive approach toward prevention, coordinated governance, and adaptation to water scarcity. The flood events at Shiraz’s Darvazeh Quran and Mashhad’s Seyyedi district further underscore the necessity of respecting natural water pathways and reducing urban vulnerability. The recent incident in Nepal, despite fundamental differences in its origin, serves as another example of the urgent need to enhance resilience against natural hazards.

Keywords

Water rights

public rights

rights of the people

water governance

adaptation to water scarcity

river

watercourse

unauthorized well

flood

Subjects

• Water Management and Economy

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References

قانون اساسی جمهوری اسلامی ایران. (1358). اصل ۴۵ قانون اساسی جمهوری اسلامی ایران.

قانون توزیع عادلانه آب. (1361). ماده ۱، ماده ۲، ماده ۳ و ماده ۴۵. مصوبات مجلس شورای اسلامی. ایران.