THE WILDLIFE CONSERVATION AND MANAGEMENT ACT, 2013 No. 47 of 2013

Date of Assent: 24th December, 2013

Date of Commencement: 10th January, 2014

Matters of environmental migration are frequently looked at from a humanitarian perspective.1 This policy brief will instead look at it with a lens focusing on land issues. The question of environmental migration is inevitably linked to the question of land for several reasons. First, climate and environmental change trigger and accelerate the loss of land due to sea-level rise, coastal erosion, landslides and other forms of land degradation.

This book exposes the key land use and environmental problems facing Kenya today due to lack of an appropriate national land use policy. The publication details how the air is increasingly being polluted, the water systems are diminishing in quantity and deteriorating in quality. The desertification process threatens the land and its cover. The soils are being eroded leading to siltation of the ocean and lakes. The forests are being depleted with impunity thus destroying the water catchments.

In Kenya, insecure land tenure and inequitable access to land, forest and water resources have contributed to conflict and violence, which has in turn exacerbated food insecurity. To address these interlinked problems, a new set of laws and policies on food security and land governance are currently being introduced or designed by the Government of Kenya. The new Food Security Bill explicitly recognizes the link between food security and land access, and the 2012 land laws target the corrupt system of land administration that made much of Kenya’s land grabbing possible.

This edition of The State of the World’s Land and Water Resources for Food and Agriculture (SOLAW) presents objective and comprehensive information and analyses on the current state, trends and challenges facing two of the most important agricultural production factors: land and water.

The promulgation of the Kenyan Constitution 2010 brought into place concerns about the urgency for land reform. Land reforms hold the key to solving some of Kenya’s greatest challenges such as landlessness, community cohesion, food security and sustainable development. Land reforms lie at the heart of the work of the National Land Commission (NLC) and Kituo cha Sheria and they are also at the heart of many Kenyan communities who live, work and rely on land. Information contained in the book goes a long way in educating these communities about their land rights.

This paper proposes a novel mechanism for reallocating temporary water flows or permanent water rights. The All-in-Auction (AiA) increases efficiency and social welfare by reallocating water without harming water rights holders. AiAs can be used to allocate variable or diminished flows among traditional or new uses. AiAs are appropriate for use within larger organizations that distribute water among members, e.g., irrigation districts or wholesale water agencies.

Politics is about access and power, and access to freshwater resources in rural China is complicated and understudied. China's massive size and diverse climate make it hard to generalize about freshwater resources in rural areas of the country. On balance, China is not water-scarce, yet geographic and temporal variations in water availability are dramatic, with China's driest areas receiving far less precipitation than the wettest areas. Rural areas are the locus of competition among freshwater users including agriculture, power companies, industry, households and ecosystems.

The Arizona Water Settlements Act of 2004 ended nearly four decades of water disputes between the Gila River Indian Community and the state of Arizona. This paper explores the historical background of the Gila River Indian Community and its claim to water rights, the evolution of tribal water rights laws that culminated in the historic settlement, and the consequences of the act on water resource management in the region. It also links the findings from this case to the broader field of indigenous water rights studies from other regions of the world.