Law Commons^™

The New Right In Water, Rhett B. Larson

Washington and Lee Law Review

This Article divides all rights into two broad categories— provision rights and participation rights. With a provision right, the government makes substantive guarantees to provide some minimum quantity and quality of a good or service. With a participation right, the government is legally proscribed from interfering with an individual citizen’s access to institutions and resources controlled or held in trust by the state, and the state is required to facilitate access to those institutions and resources equally and transparently. A growing number of national constitutions guarantee a right to water. Without exception to date, these constitutions frame the right to …