Non formal mechanisms for public water allocation and the ineffectiveness of law in arid western Argentina

• Main Authors: Liber Martin, Mauricio Pinto
• Format: Article
• Language: English
• Published: Instituto de Pesquisas Ambientais em Bacias Hidrográficas (IPABHi) 2015-04-01
• Series: Revista Ambiente & Água
• Subjects: Argentina; effectiveness; water rights
• Online Access: http://www.ambi-agua.net/seer/index.php/ambi-agua/article/view/1537

This work analyzed the informal mechanisms of public water allocation and reallocation in western Argentina from a holistic conception of law. The paper refers to informal uses, its logical but ineffective repression and the continuous regularization processes from a non experimental observational method based on the use of qualitative strategies. The research work focused on the operation of water allocation mechanisms and management practices developed in the absence of law and against the law, at both the delivery and regulatory levels. The findings highlight the tensions and contradictions of these mechanisms under the formal legal system, demonstrating the crisis of both effectiveness and legitimacy of the law and the State in managing public waters.