Graduate school approval record northeastern university
Society and the Value of Water
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Society and the Value of WaterFiguig was established because of its natural resources and its geographical location. An oasis in a sea of dry desert sands in the Sahara, with no visible links to any of its distant neighbors or water resources, has been inhabited for over seven thousand years. The location and history of Figuig have created a strong sense of independence and a cautious, but hospitable culture. Such independence and welcome have, historically, also opened the door to invasion and political vulnerability. As a result, the community has developed a culture of guarded protectiveness of its rich cultural, economic, political and physical resources. Consequently, the oasis has developed within the context of self-reliance, with tentative relations with the central governing system. The value of water could not be taken for granted at any point in the oasis’ long history. The powers of nature that often threatened the oasis’ livelihood and existence have been persistent over generations. The proximity of the source, and the desert, along with the direct responsibility of each member of the community to procure their daily supply, and maintain the system to ensure that water remained accessible conferred a notion of immediate need and responsibility. Any interruption of flow, it was understood, could potentially bring about devastating personal and social consequences. The finite nature of water and the lack of a substitute for water were central to the culture and traditions evident in daily-life throughout the oasis. Water allowed for those with water rights to gain from a successful artisan industry, along with the ability to trade with those who passed along the caravan routes. At the same time stakeholder involvement within the governance system and the strong institutions involved with water enabled a balanced relationship among participants that checked destructive influences over the long-term. The social, political, economic, and legal traditions have been groomed to create a careful balance of institutional supports that placed community and the Oasis’ survival at the forefront of all activity. A community that was established by tribal groups whom, history suggests, sought to maintain their independence from Morocco in the distant Sahara, were drawn together by the wealth of resources in Figuig. While each Ksar settled independently, an interdependent relationship among groups evolved out of the need to protect the broader community from intruders and external controlling influences (e.g. the State, or foreign invaders). Water resources provided the foundation for cooperation and competition, as each Ksar accepted that the survival of the oasis supported their long-term goals of independence. A complex, but well defined legal structure relative to the water source was established and evolved to support the basic needs of individuals, families, and the community as a whole. Social, cultural, and religious values supported the needs of all and were codified in a common law system. The Water Councils and the Jmaâ were grounded in local traditions and values which they were able to perpetuate by interpreting the law in the spirit with which it was established. These institutions were also active in developing new laws relative to current realities, but grounded in history and tradition and with the support of the Jmaâ. Figuig’s legal system has been heavily influenced by Islamic law. Islamic law puts a strong emphasis on perimeters of prohibition and availability of water for basic subsistence to all. It is, per Islamic law prohibited to deny drinking water to people and their animals. Further more, if one has an adequate supply of water, he must supply water to anyone whose farm is in peril, this after he has satisfied his own basic needs.(Hajji, 1997) Survival and prosperity of the oasis and the community was dependant on a system of law and institutions that could perpetuate principles of equity and fairness inherent in its sophist culture and Islamic tradition.(Figuig Interviews, 2005) Property RightsProperty rights proved very valuable as access to water, not only provided a source of revenue, it also allowed for self-sufficiency, and independence. Ksars developed their relative strength through property which resulted in access to water resources for irrigation and exchange. However, as Figuig was established with an appreciation for the power of community to endure over time, private property rights, and relative water rights included important obligations supporting the community and sustainability. As early settlers came to Figuig the property rights of those who established themselves along the river or at the mouths of springs established access rights to the resource. Water rights, throughout the Oasis’ history, have been governed by property rights that guaranteed private control of land and water. Water resources were and continue to be treated as a common good as opposed to a pure public good. Rival consumption for different uses, as opposed to non-rival public use, allowed for competition, but not direct ownership. Water rights engender many rights and obligations that extend to neighboring lands owned by a third party such as right of passage and perimeters of prohibition.(ICWE, 1992) Water typically, as in the case of Figuig, is the property of the state, thus the community. Its use is limited only by access, but within the limits of the law. Property owners with direct access to the water source had significant benefits. Water was accessed by wells or through an intricate canal system that remains in operation today. A system that had effectively met the needs of the community for generations brings water from the main springs to farmlands and other outposts for daily use and irrigation. Those that own shares of the main springs, such as Tzadert, continue to have rights to utilize the resource to irrigate their land and sell excess water to other farms. They rely on an intricate water distribution system that was developed and expanded over the years. The Water Councils provided oversight to the careful balance of private ownership and community necessity with the Jmaâ that maintained consistency with the national legal code. With the support of an established, legitimate legal code and authority the Water Council was able to support the evolution of society within a changing physical and political environment. The system bears many of the characteristics of the often cited water system in Valencia, Spain, that Maass and Anderson have written about extensively.(Maass, Anderson, 1978) Representatives of the Water Council met daily and maintained open discussions founded on an unwritten code that evolved over time. It is thought that a system of unwritten law that relies on a legitimate, respected body for interpretation and application is more effective in maintaining the spirit of the law. A dynamic institution of representative members of the community is believed to maintain a deep rooted understanding of the context and traditions that supported its development.(Figuig Interviews, 2005) Perhaps it is the role of institutions in maintaining a history and openly discussing issues as opposed to referring to written code that has provided much of its strength. Figuig’s private property rights laws include well defined rights and obligations that guide inheritance, transfer of water rights, perimeters of prohibition, and dispute resolution.(Figuig Interviews, 2005) Most importantly they also include; deference by the owners and the community to the authority and knowledge of the Water Councils; to support the Oasis’ water security and subsequently manages the system with an eye toward sustainability.(Figuig Interviews, 2005) Private owners, consequently, defer to the wisdom of the well respected council and are socially and culturally bound to its legitimized authority that has tended to influence policy and subsequently the legal system that supports fundamental principles of private ownership for the good of all. The Water Councils were particularly effective at water dispute resolution. Each Council met daily in the Jmaâ providing public forum for individuals or groups to voice their concerns or seek arbitration. The knowledgeable and respected Council would administer the law and refer to the community to apply its rulings. 
Figure 19: Government and institution structure of Figuig Property rights in Figuig provide the foundation for interaction between members of the community. “Discussions of water rights usually focus upon the rights of the property right holder and ignore the contingent responsibilities which that holder has with regard to others in society who do not share the rights.”(Rogers and Hall, 2003, 19) In Figuig, this was traditionally not true as the Water Council aspired to support community and sustainability. Today’s system, however, plays into the politics of power and through a narrow interpretation of the law.(Figuig Interviews, 2005) This has weakened institutional and administrative supports and has encouraged greater freedoms for property owners as social controls are weakening and traditional values eroding. The cumulative result is a fragmentation of a cohesive society with long-term objectives that support the Oasis’ sustainability. While water is an economic good it is unique in that there is no substitute and is the most vital resource to support the life of the community. Thus, the principles of equity and fairness, security and sustainability must be supported by a legal code that delineates responsibility through ownership. Laws that codify ownership effectively can then assign important rights and duties to accompany these. “The obligations need to be stressed in any discussion of governance. Also, any discussion of water rights must take account of land use and land ownership as they are often closely linked…”(Rogers and Hall, 2003, 19) Maintenance of the water resources beyond private ownership was the responsibility of members of the community in each Ksar, with owners and distributors, to further develop public outposts for drinking (for both animals and humans, bathing and washing and light agriculture in keeping with social values that placed community needs at the forefront of all activity.(Figuig Interviews, 2005) This supports the effectiveness of IWRM, supporting Elinor Ostrom’s who argues that a community’s relationship with the water source and each other resulted in connecting individuals and groups in a unique socio-political, economic and ecological sense.(Ostrom, 1992) Maintenance of common areas became the responsibility of individuals and families whose water supply was affected by a particular area of channels.
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