La gestion économique de l’eau souterraine par le droit de propriété au Québec

Hugo Tremblay

    Research output: Contribution to journalArticle

    Abstract

    Original languageFrench
    Pages (from-to)483-539
    Number of pages57
    JournalRevue de Droit de l’Université Sherbrooke
    Volume38
    Issue number2
    Publication statusPublished - 2008

    Cite this

    @article{701e909d5d0643ecb720e7f033a3546a,
    title = "La gestion {\'e}conomique de l’eau souterraine par le droit de propri{\'e}t{\'e} au Qu{\'e}bec",
    abstract = "The constant increase in anthropogenic uses compounded by pollution and modifications in hydrological patterns due to climate change lead to water resources scarcity. In this context, economic management is often portrayed as a means for improved water governance. This article studies the relationship between economic management and property ownership over water resources. Groundwater is the specific focus of discussion given that it is traditionally perceived as an object of private property in Quebec. First, it is established that property can indeed provide a legal framework for economic management of water resources at the theoretical level. Hence, inasmuch as it applies to groundwater, property allows for economic management of the resource in Quebec. However, the study of the legal framework related to property demonstrates that groundwater is never an object of ownership, whether private, public or common. Rather, groundwater is a res communis. As a result, economic management of groundwater through property rights is impossible in Quebec.",
    keywords = "Water governance, Water resources, Quebec, Groundwater",
    author = "Hugo Tremblay",
    note = "dc.publisher: Universite de Sherbrooke dc.title.alternative: Economic management of groundwater resources through property rights in Qu{\'e}bec",
    year = "2008",
    language = "French",
    volume = "38",
    pages = "483--539",
    journal = "Revue de Droit de l’Universit{\'e} Sherbrooke",
    issn = "0317-9656",
    number = "2",

    }

    La gestion économique de l’eau souterraine par le droit de propriété au Québec. / Tremblay, Hugo.

    In: Revue de Droit de l’Université Sherbrooke, Vol. 38, No. 2, 2008, p. 483-539.

    Research output: Contribution to journalArticle

    TY - JOUR

    T1 - La gestion économique de l’eau souterraine par le droit de propriété au Québec

    AU - Tremblay, Hugo

    N1 - dc.publisher: Universite de Sherbrooke dc.title.alternative: Economic management of groundwater resources through property rights in Québec

    PY - 2008

    Y1 - 2008

    N2 - The constant increase in anthropogenic uses compounded by pollution and modifications in hydrological patterns due to climate change lead to water resources scarcity. In this context, economic management is often portrayed as a means for improved water governance. This article studies the relationship between economic management and property ownership over water resources. Groundwater is the specific focus of discussion given that it is traditionally perceived as an object of private property in Quebec. First, it is established that property can indeed provide a legal framework for economic management of water resources at the theoretical level. Hence, inasmuch as it applies to groundwater, property allows for economic management of the resource in Quebec. However, the study of the legal framework related to property demonstrates that groundwater is never an object of ownership, whether private, public or common. Rather, groundwater is a res communis. As a result, economic management of groundwater through property rights is impossible in Quebec.

    AB - The constant increase in anthropogenic uses compounded by pollution and modifications in hydrological patterns due to climate change lead to water resources scarcity. In this context, economic management is often portrayed as a means for improved water governance. This article studies the relationship between economic management and property ownership over water resources. Groundwater is the specific focus of discussion given that it is traditionally perceived as an object of private property in Quebec. First, it is established that property can indeed provide a legal framework for economic management of water resources at the theoretical level. Hence, inasmuch as it applies to groundwater, property allows for economic management of the resource in Quebec. However, the study of the legal framework related to property demonstrates that groundwater is never an object of ownership, whether private, public or common. Rather, groundwater is a res communis. As a result, economic management of groundwater through property rights is impossible in Quebec.

    KW - Water governance

    KW - Water resources

    KW - Quebec

    KW - Groundwater

    M3 - Article

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    EP - 539

    JO - Revue de Droit de l’Université Sherbrooke

    JF - Revue de Droit de l’Université Sherbrooke

    SN - 0317-9656

    IS - 2

    ER -