Water Rigrhts and the Processes of Negotiations among Irrigators in West Shew a Zone: The Case of Inoris Scheme in Toke Kutaye District
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Date
2007-08
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AAU
Abstract
'Ihough wat r rights ar ' at the . re oj exploitillg wat ' r resollrcesjor irrtg tlOlI/llrpo "',
trivial ' II I'll.' W I'e ifjef"d I Ihe ' I 'e oj Illdris irrig Ilioll s 'heme ill 7ok' Kilt
di Iri I in Wesl 'hewa. Th hislori 'af backgroulld I/(j d ' ve fopmelll oj Ih ' . h me ha
beell pre 'enled ill I 'olllellliolls mallller. Th , augm ' nlillg IIIImb 'r oj compelilors 100
paved Ihe way jar conflicts thaI recllrrently erupt Ollt alld illevilabl lead to a .~·u ce 'sion
oj lIeg tiatioll proces ·es. Wilh the inception oj '/lch mi 'Si1l 7 guljs, this re . 'arch aimed /0
scrutinize waler rights and the processes oj negotiations among irrigalors along Indri
modem scheme, ill Toke Kutaye district. To mailllaill Ihis objective, qualitative
anthropological methods' were predominantly utilized CLS' the main data generating
research lools in the field
The findings oj the research depicted that Indris scheme marked three sigllificant phases
ill its historical development. In these phases, explorations pertaining to water rights and
processes of negotiations were jOlll1d to he at their immature ground. While the elements
of the riparian doctrine qf waler rights preponderated during its initial phase, the
componenls of appropriative doclrine pronounced more at its middle age. A mix of
ingredients from both doctrines interwoven with certain extra requirements determined
the water right access of users since the conversion of the scheme illto a modem style.
Multiple water right rules emanating both from the customary and formal water acts
have co-existed to direct the actions of users. In this regard, the theoretical orientations
of legal pluralism in water right paradigms proved to coincide with the pragmatic
contexts of water users from the scheme.
Conflicts in connection to irrigation water use and righls, that have escalated over years,
have been altribllted to the decline in the voillme ofwaler resources, institutionalfailllres
to address the causes adeqllately, week observance 0 11 governing water right rules and
increaSing demand of lIsers. As a result, negotiation processes aiming to settle dispules
were repeatedly initiated either by users, committee members (elders) or courts. The
procedures pursed to narrow the contrasting interests around the scheme verified the
pragmatic applicability of the central arguments of hoth cyclical alld developmental
models of negotiation processes discussed thoroughly by Gulliver.
Thus, in the face of growing demand~' on a declining water resource, the findings of this
research revealed out that concerned individuals or relevant instillltiollS need to exert
fllrther endeavor on the formulation oj water poliCies that clearly stiplliate specific
irrigation waleI' entitlements oj 1Isers in a turmoil environment. Enforcemellts 0 11 the
jrame oj references set on the water manila I need to be rigorously checked on practical
implementations. Consciousness hllildings 0 11 irrigatiol1 waler right claims, promotion of
negotiated approaches in disputes alld particular accentuation on customary rules of
resource use constituted the dimensions seeking meticulous considerations il1 prospect.
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Keywords
Irrigators in West Shew a Zone